Federalist judges claim to loathe judicial activism. To preserve the separation of powers, federalist judges restrict their rulings to the narrow set of facts and laws in front of them, and go not an inch further, lest their rulings impinge on the executive or legislative function. Yet to find criminal immunity for Donald Trump, the Supreme Court’s federalist majority bucked all traditional and supposed originalist leanings, announcing instead that the court would be “writing a rule for the ages,” and dealt an astonishing blow to the U.S. Constitution.

After overturning Roe v. Wade for the sin of imposing “on the entire country a detailed set of rules for pregnancy divided into trimesters, much like those that one might expect to find in a statute or regulation,” the Court did the very thing it just ruled unconstitutional: it imposed on the entire country a detailed set of rules for presidential immunity, divided into three stages, exactly “like those one might expect to find in a statute or regulation.”

After declaring that the right to obtain an abortion was not “rooted in the Nation’s history and tradition,” the Court set 248 years of the Nation’s history and tradition on fire.

The Roberts Court wrote new law

With the stroke of a pen, federalists on the high court skipped the arduous but constitutionally required process to amend the Constitution, skipped ratification by 2/3 of the House and Senate, skipped the Constitutional convention, skipped two-thirds of the nation’s State legislatures altogether, and simply rewrote Articles I, II, and III of the U.S. Constitution to create the following three stages of presidential immunity:

The court could have examined Trump’s attempt to overthrow the 2020 election through the contorted lens of its own ruling, but that would have saved time. The court’s goal, after all, was to send the case back to........

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