How to Fix - and How Not to Fix - the Immunity Opinion
In Trump v. United States, we have said that the Court went far astray from the Constitution and from its duty, endangering the nation in the short and long terms.\xa0 Many have shared this opinion and these fears, and reaction has been profound. In the New York Times, two law professors take up the pen and offer a number of suggestions that purport to restrain and direct the Court towards Congress\u2019 will, assuming that Congress agrees with the authors, that is.\xa0 Senator Schumer in a recent bill took a similar though not as extreme direction. We identify the flaws with these approaches, and offer an alternative that would be constitutional, and has an actual chance of being effective, based upon history and constitutional structure. We also take up some fascinating readers\u2019 questions, including one which might matter for some overseas voters.\xa0 CLE credit is available for lawyers and judges from podcast.njsba.com.