Joe Biden is now running against the Supreme Court and that's a big mistake and that's the subject of the riff. It now looks like Joe Biden and the Democrats are going to run against the Supreme Court. In the name of democracy of course. Ha Ha Ha. This is a big mistake. The court's decision to give a president, any president, absolute immunity from civil suits for acts within the outer perimeter, is not even remotely radical.
It was mainly taken from the Nixon V. Fitzgerald court opinion back in 1982. Similarly, the court followed the Constitution to offer absolute immunity for actions within the core power of the executive. This is actually something that could benefit Joe Biden or any other president and the court opined that a president has only "presumptive immunity outside of his core powers and unofficial acts have no immunity."
So, Mr. Trump did not get everything he wanted, but he did get a good deal, but it's a deal to protect the chief executive, historically for all time. Without question, these opinions will pin Special Counsel Jack Smith's ears way back, mostly because Smith went way beyond the Constitution in the first place and, at a minimum, all these court cases including, Alvin Bragg's sham trial in New York, the J6 in Washington, the classified documents in South Florida, and the crazy RICO lawsuit in Atlanta, Georgia, will be pushed way back beyond the election and some may be tossed out altogether.
FED'S POWELL: PRICES ARE ‘BACK ON DISINFLATIONARY PATH,’ BUT MORE CONFIDENCE IS NEEDED
I'll leave those forecasts to the lawyers, but the key point is that Biden and the Democrats running against the Supremes has nothing to do with the key issues driving voters.
This election is going to be about kitchen-table issues, the affordability crisis, high prices, huge borrowing costs and falling real wages. Add to that Biden's open border catastrophe, with its horrific crimes, murders, rapes and general criminality, and the breakdown of public safety throughout the country. Add to that, the public's rejection of woke, progressive policies, which have threatened traditional family values and an attack on the Supremes has nothing to do with a world on fire during the Biden presidency.
Americans yearn for peace and prosperity. They want a strong, capable, energetic president at the helm. They want toughness. Biden's lawfare campaign against Mr. Trump has been a losing issue from the get-go.
If anything, it helped the former president. In a sense, the Supreme Court decisions in recent days simply confirmed in voter minds just how phony and politically motivated the Trump lawsuits always were. Biden's legal weaponization attack on Trump has been dead in the water for quite some time. Just take a close look at the polls.
Yes, Biden badly lost last week's debate because of his clear cognitive impairment and overall break down, which itself is something voters have observed for many months even as the liberal media tried to cover it up. But, and it's an important but, while Biden lost the debate, Mr. Trump won the debate on the issues.
Trump was on message concerning voter worries about inflation, the economy and the border. When Biden talked about January 6 in the debate, here's Donald Trump's brilliant answer. Take a listen:
DONALD TRUMP: "On January 6, we had a great border, nobody coming through, a very few. On January 6, we were energy independent. On January 6, we had the lowest taxes ever. We had the lowest regulations ever on January 6. We were respected all over the world."
Recall when Biden started up again about so-called Trump retribution, here was another brilliant answer from the former president:
DONALD TRUMP: "My retribution is going to be success. // What we did was incredible. We rebuilt the military. We got the largest tax cut in history, the largest regulation cut in history. The reason he's got jobs is because I cut the regulations that gave jobs, but he's putting a lot of those regulations back on all of the things that we've done."
The Supreme Court will not be on the ballot. Donald Trump will be. Even on the issue of democracy, Trump has a significant lead in the polls. Mr. Biden will do anything to avoid and distract from the key issues on which he has such a poor track record. Mr. Trump is saying that his policies, his strength, and his energy, will bring great success to the country and success will be a great unifier, something that voters yearn for.
Biden can attack the Supremes as much as he wants, but Mr. Trump is putting together a massive working-class coalition that can bring him to victory. That's the riff.
This article is adapted from Larry Kudlow’s opening commentary on the July 2, 2024, edition of "Kudlow."
