The Supreme Court Approaches the End of Current Session With Troubling Decisions on the Horizon
Monumental Decisions Left to be Made
As the Supreme Court reaches the closing stages of yet another significant term, it will be determining the fate of former President Donald Trump, who potentially faces prosecution for involvement in the events of Jan. 6, 2021, at the U.S. Capitol. Also on their docket for judgment is a case concerning the regulation of content on social media platforms by the respective state laws. The consequences of these decisions promise to have widespread implications on American society.
Trump’s Immunity from Prosecution in Limbo
In a unique movement into July, a paramount decision remains unresolved. The immunity case was the last to be argued in late April. The court’s pause on this particular decision has substantially reduced the chances of Trump standing trial before November elections, assuming that the justices’ ruling goes against him. Detaining any possibilities of trials has been a notable strategy from Trump’s legal team throughout all the criminal charges against him.
The Days Gone By
In days of yore, with high-stake cases involving the presidency, the justices were rather quick to move. This was exemplified during the Watergate scandal involving President Richard Nixon, with the court passing a resolution that required the President to release recording of Oval Office conversations, merely 16 days after hearing the arguments. In contrast, the current term saw a unanimous ruling after less than a month in favor of Trump, asserting that states cannot expel him from the ballot due to his non-acceptance of the victory of President Joe Biden.
The Supreme Court’s Approach
By delaying the immunity case, there’s been rising criticism among opponents, who argue that the court is essentially granting Trump “immunity by delay”. The court’s consideration of the case also sparks interest, given that it comprises three justices nominated by Trump himself – Amy Coney Barrett, Neil Gorsuch, and Brett Kavanaugh, and two others, Samuel Alito and Clarence Thomas, who have rejected calls for their recusal.
Regulation of Social Media – A Decision Still in Balance
In another substantial case, the regulation of content on social media platforms like Facebook, YouTube, TikTok, and others, is under scrutiny by the Supreme Court. The states of Texas and Florida have put forward laws to limit social media companies’ ability to govern user content. Aiming to address the conservative grievances of liberal bias and censorship on these platforms, these laws were passed by Republican governors following actions by Facebook and Twitter to de-platform former President Trump, following the Capitol Riot.