The court’s paradoxical holding is that the person we choose every four years to faithfully enforce our laws does not have to follow them. Why? Because if he must comply with our laws, it might render him fearful and cautious in office to the detriment of the responsibilities of the executive branch. The court cited no evidence or examples to support this concern. As Justice Ketanji Brown Jackson observed in dissent, this unsupported, counterintuitive holding allows a president to do whatever he wants as long as he uses his official powers to do so. The court has uprooted the principle that it is the law that is supreme, not our officeholders.
There is a conspicuous flaw in the court’s constitutional analysis.