BY MOSHE HILL OPINION COLUMNS JULY 03 2024
Two major decisions came down from the Supreme Court this past week: one that has enormous implications on the workings of the Executive branch, and one that in essence won’t change anything at all. For reasons purely political and not based in reality, the media and Democrats are reacting completely differently than they should be to these decisions.
The first one is in the overturning of Chevron. As Senator Ted Cruz explained in his podcast Verdict, “The Chevron decision created something that is called ‘Chevron Deference.’ Now what is Chevron Deference? It was a doctrine that said that the courts will defer to federal agencies on rules and regulations as long as that rule and regulation is, quote, ‘reasonable,’” Cruz said. “What it did is it gave enormous powers to un-elected bureaucrats and Chevron, you can trace in a very direct line, the rise of the administrative state, the rise of unelected bureaucrats issuing rules that are incredibly costly to the American people, incredibly harmful to the American people, you can trace that rise to the Chevron Doctrine.”
In theory, the overturning of Chevron should have driven the Democrats insane – and in a way it did. No one loves a lifetime entrenched bureaucrat making ridiculous decisions on how every aspect of life can be controlled more than a Democrat. They have declared that these regulations are essential to human life, and branded former President Trump a monster for overturning them. Yet now, they are mostly silent on this monumental shift in how the executive branch is run.
Compare that to the other decision that was made on the last day of the SCOTUS term: the decision on Presidential immunity. According to the National Review, “Chief Justice John Roberts’s 6-3 majority opinion in Trump v. United States says that all “official acts” of the presidency – actions taken within the outer ambit of the executive authority, even if not necessarily within core Article II powers – carry a presumption of immunity that would, it appears, be difficult for a prosecutor to overcome. Nevertheless, the Court cautions that presidents have no immunity from prosecution for private misconduct – including misconduct that may tangentially relate to a president’s status, which is sure to complicate distinguishing what is “official” from what is not.”
In layman’s terms, some of the conduct by Trump during his term was covered by Presidential immunity, others not and were reverted back to lower courts to determine the legality of the actions. The reaction to this should have been the same as the reaction when several of the charges made against Trump in Georgia were thrown out in March; some grumbling but overall not especially newsworthy.
Instead, it was treated as though a nuclear bomb had gone off in the Capitol. Justice Sonya Sotomayor led the charge with her dissent, claiming that “When [the President] uses his official powers in any way, under the majority’s reasoning, he now will be insulated from criminal prosecution. Orders the Navy’s Seal Team 6 to assassinate a political rival? Immune. Organizes a military coup to hold onto power? Immune. Takes a bribe in exchange for a pardon? Immune. Immune, immune, immune.”
This is a bold-faced lie. That is not what the majority said at all. In fact, they said the opposite. That didn’t matter. Joe Biden said, “I concur with what Justice Sotomayor wrote regarding the Supreme Court’s dangerous decision on Presidential immunity.” Alexandria Ocasio-Cortez vowed to impeach the court. Many Democrats called to expand the Supreme Court or dismantle it completely. Democrat operatives like Harry Sisson called for Biden to assassinate Donald Trump.
They reacted this way not because they believe it, but because they are continuing their strategy of comparing Trump to Hitler and claiming that this ruling would give Trump Hitlerian powers if elected. After Joe Biden’s absolute collapse at the debate last week and the poll numbers that show Trump surging in every swing state and flipping safe Blue states like Virginia and New Hampshire, they need to double-down to try to scare the American people.
Don’t fall for this lie. Just like they lied to you about Biden’s dementia, the origins of Covid, the Russia collusion hoax, and so many other lies told over the years, they – the media and Democrats – are lying once again to keep and gain power. That’s it.
So, cheer for the overturning of Chevron, and don’t pay a second thought to the Presidential immunity case.
