The Supreme Court’s Decision in Trump v. U.S. Further Erodes American Democracy 

Media Contacts: Sarah Turberville, Director of The Constitution Project at the Project On Government Oversight (POGO), [email protected]; or Caitlin MacNeal, Communications Director at POGO, [email protected].  

The Supreme Court’s ruling in Trump v. United States will further erode American democracy. By ruling that former President Donald Trump cannot face criminal charges for “official” conduct in office, the court has created an artificial distinction that will embolden future presidents to use the power of their office to commit crimes that would land the rest of us in prison.   

The court’s choice to distinguish between “official” and “unofficial” conduct in their decision does not count for much. Presidents wield enormous power, making it more important to hold them accountable for criminal conduct carried out while in office, not less. And sending the case back to the lower courts to determine which of Trump’s actions were “official” will significantly delay any accountability for Trump.   

This ruling was not about fairness — it is the product of a Supreme Court that shows extreme deference to the executive branch, one which places a president above everyone else and above the law, no matter the harm caused.  

Former President Donald Trump is alleged to have weaponized the Department of Justice and committed other crimes in his attempt to overturn the results of the 2020 presidential election — something he should undoubtedly have to face trial for. With its ruling in this case, the court gave Trump and all future presidents a free pass to dismantle democracy under the guise of “official” duties.  

While this is a decision that could unleash shocking abuses of presidential power, we should also recognize that the process by which the court came to it will be forever tainted. Neither Justice Clarence Thomas nor Justice Samuel Alito should have heard this case, and their unethical participation in this decision will be a stain that cannot be removed.   

“Today is a dark day for American democracy. The system of checks and balances in this country, which is supposed to ensure that no single branch of government has outsized power, is now in complete disarray,” said Sarah Turberville, the director of The Constitution Project at POGO. “The Supreme Court has paved the way for an authoritarian president to wield the incredible power of the federal government against citizens and against the institutions of democracy themselves, as long as he has an “official” pretext to do so. The justices who signed onto the majority opinion should be ashamed of themselves.”