Barrett partially agrees with Sotomayor dissent on whether Trump should stand trial

Justice Amy Coney Barrett agreed with parts of Justice Sonia Sotomayor’s dissent on the Supreme Court’s ruling on former President Donald Trump’s immunity case.

In a 6-3 ruling, the Supreme Court found that Trump is entitled to immunity from prosecution for actions carried out in an official capacity. The court’s opinion written by Chief Justice John Roberts extended this to mean that the president’s actions in an official capacity also can’t be used as evidence that a crime was committed.

While ruling with the majority on this case, Barrett released a concurring opinion in which she states that this is too far reaching and certain circumstances can arise where official actions can be used as evidence.

“A president facing prosecution may challenge the constitutionality of a criminal statute as applied to official acts alleged in the indictment,” Barrett wrote. “If that challenge fails, however, he must stand trial.”

Barrett said sufficient procedures already exist in courts when dealing with official actions that indicate a crime was committed.

“If the evidence comes in, the trial court can instruct the jury to consider it only for lawful purposes,” Barrett wrote. “I see no need to depart from that familiar and time-tested procedure here.”

Barrett pulled from Sotomayor, who wrote the court’s dissenting opinion.

“The Constitution does not require blinding juries to the circumstances surrounding conduct for which Presidents can be held liable,” Barrett wrote.

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The Supreme Court fell short of ruling directly on Trump’s actions during the Jan. 6 Capitol riot. This will now fall on lower courts to decide if he is granted immunity.

However, the Supreme Court ruled that a president will not be granted immunity for private acts, but Sotomayor argues that the court’s majority “approach to official-acts evidence deprives these prosecutions of any teeth.”

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