Justice Sotomayor 'Dripping with Disdain' During Immunity Dissent: Lawyer

Lawyer Joan Biskupic, CNN's Supreme Court analyst, described Justice Sonia Sotomayor as "dripping with disdain" as she read her dissent to the ruling that former presidents have absolute immunity for official acts but no immunity for private acts.

With the 6-3 ruling, the court sent the Department of Justice's election interference case against former President Donald Trump back to a lower court in Washington, D.C., to figure out how to determine what constitutes an official act.

The ruling means that special counsel Jack Smith cannot proceed with core allegations in the 2020 election interference case—or must at least defend their use in future proceedings before the trial judge.

The case focuses on Trump's actions surrounding the Jan. 6, 2021, Capitol riot and his alleged efforts to overturn the 2020 election results, such as creating false slates of pro-Trump electors in states he had lost to President Joe Biden.

Monday's ruling also makes it all but certain that Trump will not face trial in Washington ahead of his presumptive rematch with Biden.

After Chief Justice John Roberts spoke for 10 minutes as he read the majority opinion, Biskupic said Sotomayor spoke for 20 minutes as she read the dissent "at the peak of her opposition and protest of what the majority has done."

"Her voice was dripping with disdain. At one point she addressed the audience [in the court] and asked, 'How hard could this be to resolve in a way that would comfort with history? Do you think this is hard?'" Biskupic said she asked the audience.

Sotomayor, along with Justices Elena Kagan and Ketanji Brown Jackson, dissented to Roberts' presidential immunity ruling.

"Today's decision to grant former presidents criminal immunity reshapes the institution of the presidency," Sotomayor wrote. "It makes a mockery of the principle, foundational to our Constitution and system of government, that no man is above the law."

Sotomayor went on to list examples of acts that could be allowed by the ruling in what she calls a "law-free zone" around the office of the president.

"The President of the United States is the most powerful person in the country, and possibly the world," Sotomayor continued. "When he uses his official powers in any way, under the majority's reasoning, he now will be insulated from criminal prosecution. Orders the Navy's Seal Team 6 to assassinate a political rival? Immune. Organizes a military coup to hold onto power? Immune. Takes a bribe in exchange for a pardon? Immune. Immune, immune, immune. Let the President violate the law, let him exploit the trappings of his office for personal gain, let him use his official power for evil ends. Because if he knew that he may one day face liability for breaking the law, he might not be as bold and fearless as we would like him to be. That is the majority's message today. Even if these nightmare scenarios never play out, and I pray they never do, the damage has been done."

Newsweek emailed the Trump campaign for comment Monday afternoon.

Biden's campaign issued a statement regarding the court's ruling, saying in part, "Today's ruling doesn't change the facts, so let's by very clear about what happened on January 6: Donald Trump snapped after he lost the 2020 election and encouraged a mob to overthrow the results of a free and fair election. Trump is already running for president as a convicted felon for the very same reason he sat idly by while the mob violently attacked the Capitol: he thinks he's above the law and is willing to do anything to gain and hold onto power for himself."

Biskupic said Roberts took a "defensive" tone in his reading of the majority ruling. Roberts stated that while "the president is not above the law," he also "may not be prosecuted for exercising his core constitutional powers." Therefore, Trump is "entitled to at least presumptive immunity from prosecution for his official acts," Roberts wrote.

CNN's Supreme Court analyst said the comments by Roberts and Sotomayor made for a "riveting back-and-forth."