In Nixon v. Fitzgerald¹, the Supreme Court wrote “While the separation of powers doctrine does not bar every exercise of jurisdiction over the President, a court, before exercising jurisdiction, must balance the constitutional weight of the interest to be served against the dangers of intrusion on the authority and functions of the Executive Branch.”
The current court cited that thusly in Trump v United States²:
"At a minimum, the President must be immune from prosecution for an official act unless the Government can show that applying a criminal prohibition to that act would pose no ‘dangers of intrusion on the authority and functions of the Executive Branch’.”
Fitzgerald described a balancing test between the public interest and the dangers of intrusion. Trump truncated the quote to turn it into a prohibition.
This Court is purely outcome-driven. In my mind, that makes it illegitimate. We might try returning to the original Constitutional order, in which it was recognized that all