FIT FOR A KING: PRESIDENT TRUMP’S UNDEMOCRATIC IMMUNITY FROM INSURRECTION
Volume 98, No. 2, Winter 2026
The United States Supreme Court made a fatal error in its 2024 decision Trump v. United States. In what the Supreme Court convinced itself was a careful and methodical approach to protect the dignity and efficacy of the office of the President of the United States, the Court created a precedent that poses a direct risk to the foundation of American democracy and our grand republic. In Trump, the Court potentially granted President Donald Trump immunity for his conduct following the 2020 election by establishing a presumption of immunity for sitting Presidents who exercise powers that do not stem from their core constitutional charter of authority.