Legal wonks clash over 'hysterical' Sotomayor dissent: 'That sounds pretty sexist to me'

Two titans of the American legal system had very different takeaways after Monday's Supreme Court decision on presidential immunity.

Former Trump White House counsel Ty Cobb appeared on CNN to undermine Justice Sonia Sotomayor's dissent for being big on "hysterical... screaming" — but dry on substance.

The court’s conservative majority ruled 6-3 — three justices were Trump-appointed — to allow for official acts to remain immune from prosecution. They left open the possibility that private acts could be prosecutable.

The decision called into question which acts are deemed official, as the 45th president has claimed in his defense of some of his criminal allegations; specifically the attempt to subvert the 2020 election.

Sotomayor's dissent wrote that the decision by the high court armed the president with monarchy powers to order the elimination of a political rival, a military coup or sell bribes to bidders: "Immune. Immune, immune, immune."

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"Even if these nightmare scenarios never play out, and I pray they never do, the damage has been done," she wrote. "The relationship between the President and the people he serves has shifted irrevocably. In every use of official power, the President is now a king above the law.”

Cobb forcefully disagreed.

"Her dissent was a little hysterical and it really offered no analysis," he said. "A lot of a lot of screaming, no analysis. And I think that was unfortunate."

Instead, he openly wished Justice Elena Kagan would have taken on pen duties and written the document.

Harvard University constitutional law professor Laurence Tribe came down like a stack of legal tomes on Cobb for the Sotomayor slight.

"I'm afraid much as I respect Ty Cobb — I couldn't disagree more with his characterization of the dissents as 'hysterical,'" he said in a separate setting outside of the company of Cobb. "That sounds pretty sexist to me. There was plenty of analysis, much more analysis."

Tribe proceeded to grade the dissenting opinions with Sotomayor and fellow liberal Justice Ketanji Brown Jackson an A+ and A, though he didn't say who earned which grade.

In a separate dissent, Jackson wrote that she wanted to lay out the “theoretical nuts and bolts of what, exactly, the majority has done today to alter the paradigm of accountability for Presidents of the United States.”

Supreme Court Chief Justice John Roberts, Tribe's former student, opposed the dissents and went as far as to accuse the three liberal justices of having misinterpreted the majority's opinion and engaging in "fear mongering."

Roberts wrote that they sought to "strike a tone of chilling doom that is wholly disproportionate to what the Court actually does today."

And he wrote that "like everyone else, the President is subject to prosecution in his unofficial capacity."

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Sen. John Fetterman (D-PA) ruffled feathers in his own party last month when he became the only Democratic senator who appeared to back President Donald Trump's SAVE America Act, a bill that would impose draconian new restrictions on the right to vote.

In an interview with CBS's Major Garrett released on Wednesday, however, he appeared to walk back that approval.

While the bill has "some truths" in it, Fetterman said, “I don't support [it], in its current state.”

He also took a moment to slam Trump's ongoing conspiracy theories about voting by mail. “The president is constantly critical on mail-in voting. And that's ridiculous. It's safe,” said Fetterman. “I can't ever vote for that, because I could never agree, something that's just not true."

This is a contrast from Fetterman's interview on Fox News at the start of February, in which he seemingly endorsed the legislation and criticized fellow Democrats for the rhetoric they were using to talk about it, including the characterization of the bill by Senate Minority Leader Chuck Schumer (D-NY) as "Jim Crow 2.0."

“It’s not a radical idea for regular Americans to show your ID to vote, and absolutely those things are not Jim Crow or anything,” said Fetterman. “Of course, that’s part of an awful, awful legacy of our nation.”

The SAVE America Act would require photo ID to vote nationwide, but some versions of the bill are so strict in what counts as ID that even driver's licenses wouldn't qualify in 45 out of 50 states. The bill would also impose massive new citizenship documentation requirements on anyone registering to vote, would restrict or eliminate registering by mail or online, and require state voter rolls to be checked with a Department of Homeland Security system that often falsely flags citizens as noncitizens.

Trump has put enormous pressure on Senate Republicans to pass the legislation despite lacking the votes to overcome a filibuster.

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The Trump administration's latest "cruel" plea to the Supreme Court sparked outrage among political analysts and observers on Wednesday.

The administration filed an application to stay a lower court's order prohibiting it from ending Temporary Protected Status for more than 300,000 Haitian immigrants. In the application, the administration argued that the lower courts were relying on a "far-fetched and far-reaching equal-protection claim" for immigrants who receive TPS and conceded that the claim could "invalidate virtually every immigration policy of the current administration."

Outgoing Homeland Security Secretary Kristi Noem initially moved to end TPS for Haitian immigrants in February under the guise that the "extraordinary and temporary condition" that once justified granting their protected status no longer exists. The order was suspended by the Second Circuit Court of Appeals.

Political analysts and observers reacted to the new court filing on social media.

"When Kristi Noem tried to deport Haitians fleeing violence, a judge found that she broke the law," Rep. John Larson (D-CT) posted on X. "She's on the way out, but Trump officials are doubling down on her cruel agenda. I'll continue to stand with immigrant communities against these threats."

"Haitian families are part of the fabric of New York and our country. Forcing them to live in fear of deportation at all times is unacceptable. TPS must be maintained," Antonio Reynoso, a congressional candidate, posted on X.

"If only Trump would fight to lower costs as much as he is fighting to remove 300,000 lawfully present people who have paid the necessary fees and followed the rules in our country," Rep. Seth Moulton (D-MA) posted on Bluesky.

"This isn’t about 'policy.' It’s about Trump's cruelty and racism," progressive writer Michael Herzing posted on Bluesky.

"Trump is taking his mass deportation agenda all the way to the Supreme Court. As the lower court ruled, there is no merit and certainly no humanity in Trump’s push to deport thousands of Haitians in Ohio," Rep. Shontel Brown (D-OH) posted on X.

A Republican candidate whom President Donald Trump endorsed for the heavily Republican 5th Congressional District of Louisiana has a problematic past, reported The Atlantic on Wednesday evening.

At the start of February, Trump posted he is giving his “Complete and Total Endorsement” to Blake Miguez for that race, which prompted Miguez to shoot a video of himself from the White House, touting his close relationship with the president.

"What he did not say — either publicly or to Trump’s advisers at the time — was that there was a political bombshell about to drop on his campaign for Louisiana’s deep-red Fifth Congressional District," said the report. "Months earlier, when Miguez was running for the U.S. Senate, a 2007 police report had surfaced that showed that Miguez’s former girlfriend had accused him of rape and other abusive behavior, including locking her in bedrooms, taking away her keys, and holding her down."

The police report, obtained by The Atlantic's Michael Scherer, indicates how the victim "described to police how Miguez had sex with her even though she told him no, and then followed her when she fled the home. She told police that she’d hidden behind a car near a convenience store until a friend could join her, then called 911. An officer took her to a hospital for a rape-kit examination, the report stated. Miguez, who was then 25 years old, was detained and questioned. After the woman, then 22, told a detective that she did not want to press charges, none were filed. 'I called 911 cause I honestly was/am scared!' she wrote in a voluntary statement to the police."

Miguez's campaign denies all of the allegations. However, per the report, the new revelation "has raised concerns that Miguez either wasn’t fully vetted or wasn’t forthcoming about discoverable documents from his past."

Trump himself has been accused of sexual misconduct by dozens of women, including one who won millions in a defamation suit against him, and another who claimed, as part of the investigation into the Jeffrey Epstein sex trafficking case files, that Trump had sexual contact with her when she was 13. He has repeatedly denied all wrongdoing.

This comes as the Trump-endorsed pick for Senate in North Carolina, Michael Whatley, was found to have elevated a convicted child sex offender to an important role in the state GOP.

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