Expectations and relatives of several judges filled the court for the momentous decision
The excitement and anticipation were palpable at the Supreme Court Monday morning as the justices delivered the remaining rulings and some of the most highly anticipated decisions of the term.
“I’m sorry this isn’t the case you’re waiting for, so I’ll try to keep this short and sweet,” Judge Amy Coney Barrett joked before delivering the court’s first majority opinion of the day, in a regulatory challenge case.
Indeed, it was not the case that most observers inside and outside the court were anticipating: on the scope and limits of presidential immunity.
In the audience was Michael Dreeben, a former solicitor general who argued for the government in that case. Mr. Dreeben was greeted by several people before the proceedings began, and as the justices spoke about the immunity issue, he took notes on a small legal pad and occasionally fiddled with his pen. But he showed little emotion when Chief Justice John G. Roberts Jr. delivered the majority opinion, effectively ruling against him by holding that presidents have some immunity from criminal prosecution.
Judge Brett M. Kavanaugh’s parents, Chief Justice Roberts’ wife Jane Roberts and relatives of Judge Ketanji Brown Jackson were also in attendance. Judge Neil M. Gorsuch was absent.
Chief Justice Roberts proactively addressed potential criticism of the ruling, emphasizing that the decision “does not protect any president in particular, but the presidency,” and added that presidential immunity does have limits.
“Putting it like that doesn’t make it true,” Justice Sonia Sotomayor responded sharply at the start of her dissent from the bench, a rare moment that underscored her deep disagreement with the majority.
Justice Sotomayor, who dissented for the other liberal members of the court, struck a tone of exasperation throughout her lengthy speech, seemingly adding sporadically, “imagine that,” “think about that,” and “interestingly, history matters, right?” as she read from her written words. In discussing and rebutting the majority opinion, she glanced several times at her colleagues to her immediate left, Justice Clarence Thomas and Chief Justice Roberts. They did not return her gaze.
“We fear for democracy,” she said finally.
The court then moved on to lighter matters as the Chief Justice concluded the term and recognized the retired employees for their services.
“On behalf of my employees — colleagues” — he said, twisting until he laughed. “On behalf of my colleagues, I thank the employees.”
When the buzzer sounded and an employee urged them to do so, the audience stood up and the judges walked out. This ended the last day of official work until the new term in the fall.
