The court is motivated by statesmanship, which the country sorely needs today. The problem is that this statesmanship is a form of the kind of outcome-oriented policymaking that the court disparages in other contexts. It trusts states to handle the homelessness crisis but not ballot access for insurrectionists, even though the Constitution trusts states with both. It trusts juries to handle fines for securities fraud but not punishment for abuse of the presidency, even though the Constitution trusts juries with both.
I think there are some better things to say about the majority’s decision in Trump — I might write at some point about how it slyly explains to courts just how to prosecute rogue Presidents — but overall I think Baude’s argument is compelling.
