Justice Ketanji Brown Jackson slams presidential immunity ruling during interview

By 
 August 28, 2024

The Supreme Court made headlines early last month when it ruled that presidents enjoy a high degree of immunity from criminal prosecution.

However, one member of America's highest judicial body recently voiced serious misgivings about the decision during a bombshell interview

Jackson says Supreme Court made the president "a law unto himself"

Those sentiments were put forward by Justice Ketanji Brown Jackson as she spoke on Tuesday with CBS News host Norah O'Donnell.

"I was concerned about a system that appeared to provide immunity for one individual under one set of circumstances, when we have a criminal justice system that had ordinarily treated everyone the same," she said.

Those words echo the position that Jackson took when writing her dissenting opinion in the former president's immunity case.

"The court has now declared for the first time in history that the most powerful official in the United States can (under circumstances yet to be fully determined) become a law unto himself," the justice declared.

Majority opinion provides no immunity for a president's unofficial acts

Yet Chief Justice John Roberts denied that this was the case in his majority opinion, asserting, "The President is not above the law."

"But Congress may not criminalize the President’s conduct in carrying out the responsibilities of the Executive Branch under the Constitution," the chief justice stressed.

"And the system of separated powers designed by the Framers has always demanded an energetic, independent Executive," Roberts went on to maintain.

The majority opinion stated that a president enjoys absolute immunity for functions related to his or her "core" constitutional duties.

Justice is "as prepared as anyone can be" for cases arising out of election

Meanwhile, presidents have only the presumption of immunity for official acts while enjoying no immunity at all for unofficial actions.

When Jackson was later asked by O'Donnell if she is prepared for the legal cases which are likely to arise out of this year's upcoming election, the justice replied that she is "as prepared as anyone can be."

"There are legal issues that arise out of the political process and so the Supreme Court has to be prepared to respond if that should be necessary," Jackson added.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson