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this post was submitted on 07 Nov 2024
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The crisis already happened when the SC declared the President a dictator and Biden didn't have them executed for it with the powers they just gave him.
Technically they said Presidents and Former Presidents cannot be prosecuted for it, not give them the authority to. You still have to find a "yes-man" to obey those orders. Biden can try, tell the military to kill SCOTUS members for treason, they say "Sorry Mr. President No-can-do". Biden might be immune for trying to do it.
*keyword "might" be, but Scotus can say "that was not an official act"
In this thought experiment, they would certainly not be able to say that because they wouldn't exist anymore.
Any new justices would certainly certainly hold the Biden-preferred opinion, because otherwise he wouldn't nominate them. (That opinion would neither be "Biden is immune and this is fine" nor "that was not an official act," but rather "we're overturning the previous decision and making the President prosecutable for illegal official acts again," because forcing that ruling would be the entire point of the exercise, BTW.)
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He could have asked for volunteers. I know one person.