Expectations and relatives of several judges filled the court for the momentous decision
The tension and sense of anticipation were palpable inside the Supreme Court Monday morning as the justices delivered their remaining opinions and delivered some of the most highly anticipated decisions of the term.
“Sorry this isn’t the case you’re looking for, so I’ll try to keep it brief,” Judge Amy Coney Barrett joked before delivering the court’s first majority ruling in a regulatory challenge case.
Indeed, it was not the case that most observers inside and outside the court expected: about the scope and limits of presidential immunity.
In the audience was Michael Dreeben, a former attorney general who argued for the government in that case. Mr. Dreeben was greeted by several people before the proceedings began, and as the judges spoke about the immunity case, he took notes on a small pad and occasionally played with his pen. But he showed little emotion as Chief Justice John G. Roberts Jr. delivered the majority opinion and actually ruled against him by ruling 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 preemptively addressed potential criticism of the ruling, emphasizing that the decision “does not protect a particular president, but the presidency,” and adding that presidential immunity had limits.
“Just because you say it that way doesn’t make it so,” Justice Sonia Sotomayor sharply responded at the start of her dissent from the court, a rare moment that underscored her deep disagreement with the majority.
Justice Sotomayor, dissenting on behalf of the court’s other liberal members, struck a tone of exasperation in her lengthy speech, seeming to sporadically add “imagine that,” “think about that,” and ” interesting, history matters, right?’ as she read from her written words. In discussing and refuting the majority, she looked several times to her colleagues on the immediate left, Justice Clarence Thomas and Chief Justice Roberts. They didn’t meet her gaze.
“We fear for democracy,” she said in conclusion.
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 aide urged them to do so, the audience rose and the judges filed out, ending the last day of official business until the new term in the fall.
