The sense of tension and anticipation was palpable at the Supreme Court on Monday morning as the justices handed down the remaining rulings and some of the most eagerly awaited decisions of the term.
“I'm sorry, but this is not the case you want to hear about, so I'm going to keep it brief,” Justice Amy Coney Barrett joked before delivering the day's first majority opinion, in a case about regulatory litigation.
It wasn't really the case that most observers inside and outside the court were counting down the days as to the scope and limits of presidential immunity.
Among the audience was Michael Dreben, a former assistant attorney general who represented the government in the case. Dreben received greetings from several people before the hearing began, and he took notes in a small notepad and occasionally fiddled with his pen as the justices spoke about the immunity case. But he showed little emotion as Chief Justice John G. Roberts Jr. delivered the majority opinion, effectively ruling that the president has immunity from criminal prosecution.
Also in attendance were Justice Brett M. Kavanaugh's parents and Chief Justice Roberts' wife, Jane Roberts. Justice Neil M. Gorsuch was absent.
Chief Justice Roberts preempted potential criticism of the ruling, emphasizing that the decision “does not protect any particular president, it protects the presidency,” and added that presidential immunity has limits.
“Saying that doesn't make it true,” Justice Sonia Sotomayor sharply retorted in her opening dissent, a rare moment that highlighted her deep disagreement with the majority.
Justice Sotomayor, who dissented on behalf of the other liberal justices, appeared exasperated during her lengthy speech, occasionally adding, “Imagine,” “Think about it,” and “Interesting, history matters, doesn't it?” as she read from the script. As she debated and argued the majority opinion, she glanced several times to her colleagues to her left, Justice Clarence Thomas and Chief Justice Roberts, who did not return her gaze.
“We are afraid of democracy,” she concluded.
The court then moved on to a lighter matter, with the Chief Justice completing his term and recognising the merits of retiring officials.
“On behalf of our employees, our colleagues,” he said, drawing laughter, before slipping up and saying, “On behalf of my colleagues, I want to thank our employees.”
The buzzer sounded, and at the urging of staff, the audience rose and the judges left the court, concluding their final day of work before the new school term in the fall.