On Tariffs, Neil Gorsuch Is Hardly Apolitical

But as right as Gorsuch is in the tariff case, his statements also should disabuse everyone of the idea that there’s much principle or empiricism at play here, considering that Gorsuch only eighteen months ago helped give Trump and every other president near-absolute power to proudly ignore the laws passed by the very Congress that Gorsuch now touts. In that ruling, Gorsuch — a supporter of the so-called “unitary executive” theory of an all-powerful president — signed onto an opinion that declared:

The nature of Presidential power requires that a former President have some immunity from criminal prosecution for official acts during his tenure in office. At least with respect to the President’s exercise of his core constitutional powers, this immunity must be absolute. As for his remaining official actions, he is also entitled to immunity.