July 9, 2024 | The Hill

Justice Sotomayor dangerously misunderstands our military 

July 9, 2024 | The Hill

Justice Sotomayor dangerously misunderstands our military 

Excerpt

Supreme Court Justice Sonia Sotomayor may be a constitutional law expert, but she apparently is unaware of a key limitation on executive power: our American troops. 

In her dissent to the Supreme Court’s July 1 ruling in Trump v. United States, Sotomayor raised a hypothetical scenario regarding presidential immunity. Specifically, she warned that the decision meant that a commander-in-chief could order U.S. troops to murder an opponent, then sidestep criminal prosecution.

She wrote: “[The president] orders the Navy’s Seal Team 6 to assassinate a political rival? Immune. Organizes a military coup to hold onto power? Immune.” 

Elizabeth Robbins, a retired Army officer, is vice president for communications at Foundation for Defense of Democracies, a nonpartisan research institute focusing on national security and foreign policy. 

Issues:

Lawfare Military and Political Power