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One of the more underappreciated recent trends in American law and politics, obscured by a few high-profile conservative victories at the Supreme Court and thus noticed by few other than dyed-in-the-wool legal conservatives, is that former President Donald Trump's three picks for the high court are soft and undependable.
The truth is that none of the Trump-era triumvirate of Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett can hold a candle to their two reliably conservative senior colleagues Clarence Thomas and Samuel Alito. Kavanaugh and Barrett are pragmatic center-right judges, eager to avoid wading into hot-button "cultural" topics such as religious liberty and often disappointing when it comes to issues as wide-ranging as COVID restrictions, immigration and congressional redistricting. Gorsuch has the strongest libertarian streak on the court; he adamantly rejected COVID tyranny, but he has proven a disaster on many other issues, such as gender ideology, Indian rights and criminal law.
If Trump secures a second presidential term, conservatives must ensure he makes better high court selections. It is nothing short of a Hollywood script-worthy twist of fate, then, that Trump's own Supreme Court picks will now play an outsize role in determining whether such a second term materializes.
On Wednesday, the Supreme Court agreed to expedite a hearing in the case of Donald J. Trump v. United States, in which the justices will decide "whether and if so to what extent does a former president enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office." The resolution of this threshold question is necessary before determining whether special counsel Jack Smith's prosecution of the 45th president for his conduct pertaining to the 2020 election can proceed. If the court holds that a former president "is" fully immune from such future criminal prosecutions, then Smith's case in Washington, D.C. dies.
For the Biden Regime and the broader Democrat-lawfare complex, shaken by the incumbent's horrific swing-state polling and motivated to derail Trump by any means necessary, the stakes couldn't be any higher. With the Georgia prosecution on similar election-related grounds collapsing in real time due to Fulton County District Attorney Fani Willis' extramarital scandal and public corruption, the Regime has put all its eggs in Jack Smith's D.C. basket. And Smith will leave no stone unturned in his quest to secure a guilty verdict in Judge Tanya Chutkan's trial court before the November election.
It's going to be a race against the