Happy Birthday, America – Sincerely, The Supreme Court

In July, the ACLJ is honoring Life & Liberty, and anyone who cherishes the rule of law in the constitutional republic known as America has many reasons to celebrate.

Coincidentally, and thanks to the U.S. Supreme Court, it has been an awful, terrible, no good, very bad few weeks for the Left. Rogue judges and prosecutors have tried to shred the Constitution and put the former President behind bars before the election. (Read our rundown of the lawfare attacks against President Trump.)

Thankfully, all those efforts now appear to be on life support.

For today’s purposes, I’ll zoom out to show the true, lasting damage the high Court has inflicted on the Left’s attempts to silence Trump, his campaign, and your ability to vote for the candidate of your choice.

First, the big one is the immunity decision, which was handed down by the Supreme Court on the Monday before Independence Day. The 6-3 ruling declared Trump has “absolute immunity” for official acts, regardless of his motives. The Court also said Trump has no immunity for unofficial acts. Jack Smith’s January 6 case was then remanded back to District Judge Tanya Chutkan, along with the fresh immunity guidelines, and she will have to decide – line by line – which charges relate to “official acts” and therefore must be thrown out. That’s good news for Trump.

It’s really bad news, though, for DA Fani Willis. As explained in detail on Sekulow, the immunity ruling is a potential kill shot to Willis’ entire case against Trump in Georgia, considering the charges are centered on Trump’s official actions as President. Willis needs several miracles for her, or anyone, to bring that case to trial.

Unlike Willis’ state case against Trump, Jack Smith’s federal case has different, but equally difficult, hurdles to clear if it wants to go to trial. Remember the January 6 case, Fischer v. United States? The Justices just vacated and remanded the charge of “obstruction of an official proceeding.”

What does that have to do with Trump? Two of the four charges brought against Trump by Jack Smith are almost identical to the charge vacated by the Supreme Court. Monday’s Supreme Court decision again specifically referenced its Fischer decision, noting that the district dourt would need to decide if any of those charges could even proceed against Trump under the Fischer analysis. Again, that’s good news for Trump.

So to summarize what’s left in the major cases against Trump:

• Jack Smith’s January 6 case is likely gutted, and even if it goes to trial, it will be after November 5.
• Jack Smith’s classified documents case is on ice in Florida pending several hearings. Both cases, if Trump is reelected, could be thrown out.
• Fani Willis’ case against Trump is delayed due to the appeals process based on her conduct as a prosecutor; the acts in question are likely immune official acts, and any trial would likely come after November 5.
• Trump’s New York trial could even be impacted by the Justices’ ruling. Trump’s attorneys are already contesting his conviction by arguing that some of the prosecution’s evidence was precluded from being introduced as it stemmed from presidential acts and that the Supreme Court’s ruling confirms that position.

Is there any silver lining for the Left? Yes. Although the far Left may not realize it yet, the Supreme Court’s ruling on Trump’s presidential immunity was also a big win for former Presidents, such as President Obama, who can let out a sigh of relief due to the reaffirmed protection he now has for his many questionable actions in the White House.

The first major domino to fall in the constitutional defense of Trump was the ballot ban case in Colorado, where the Colorado Supreme Court decided he was disqualified from the primary ballot due to a twisted interpretation of the 14th Amendment. The ACLJ successfully fought the case at the U.S. Supreme Court, and a historic, unanimous decision was handed down, allowing President Trump to remain on the ballot. Now, after months of navigating a legal minefield, it appears Trump – the democratically selected candidate for President on the Republican ticket – will appear on the ballot in all 50 states this November, and every American has the liberty to choose or reject him.

In the end, that’s why the ACLJ fought to preserve your ability to vote for the candidate of your choice. And that’s worth lighting a firecracker or enjoying an extra hot dog this July 4th and beyond.

Happy Birthday, America!