How Should Clergy Respond To Presidential Immunity Ruling?

The equation for ministry in this election season changed on July 1 with the Supreme Court presidential immunity ruling.

We woke up on July 1, 2024, in a different country. On that day, the Supreme Court ruled by a 6-3 majority in the case of Trump v. United States that presidents have immunity from criminal prosecution for official acts during their time in office. Further, they established that “this immunity must be absolute.”

Implications of the Supreme Court presidential immunity ruling

Giving the office of the president absolute immunity for official acts means that no order under Art. II, Sec 2 can be reviewed by the courts. The president’s powers include those of Commander in Chief and the ability to call state militias into federal service. This means the president could turn the military on its own citizens (as Trump wanted to do during the George Floyd protests in 2020) without any repercussions.

Paving the way for Project 2025

The SCOTUS immunity ruling also allows the president to fire any federal executive branch employee at will. This is exactly the plan of Project 2025. This is the well-funded far-right think tank plan to end federal civil service and replace all those positions with Trump loyalists who will do his bidding. And that’s just the beginning of their agenda for a post-democracy America. Read more from Democracy Forward here and from the BBC here.

Consolidating the power of the Executive Branch

The SCOTUS ruling establishes that neither Congress nor the courts can limit or even “examine” POTUS powers. This means there is no longer congressional or judicial oversight of the presidency. For example, a president could sell state secrets stored in his bathroom to any hostile foreign power without any repercussions.

But isn’t the immunity limited?

The SCOTUS ruling concedes that “unofficial acts” are not immune. But this simply means that the president need only declare anything he does an “official act,” and it would be immune. If Trump gets into office again, he will not make the mistake of doing anything without declaring it an official act. And it will be impossible to prove that any act is “unofficial.”

Inquiry into motive is outlawed

SCOTUS also ruled that “courts may not inquire into the President’s motives.” Thus, an “official act” – even if done as the result of a bribe – is immune.

The long and short of it is that the POTUS can do corrupt and illegal things, including inciting a coup or an insurrection, as “official acts” and have complete immunity. As it now stands, the President of the United States is no longer subject to criminal law.

All of this means that the equation for preaching and ministry in this election season changed on July 1.

This is no longer about red-blue politics or finding what I call the “Purple Zone.” No, this is now about bringing together our collective power as churches and faith communities to hold the line against authoritarian rule.

The Supreme Court’s ruling on presidential immunity has changed the rules of the game.

Clergy who have been hesitant to address politics in the past must recognize that the situation is different now. Because the Supreme Court has invested the office of the president with unlimited power, preachers and congregations must speak out. We must warn against the consequences of voting for a Republican administration that will use this power to establish a theocratic authoritarian dictatorship supported by a fascistic infrastructure that is already wielding its power.

And, no, this is not being alarmist. This is their stated plan. We must believe them.

[Here is Jon Oliver’s explanation of the GOP plan for Project 2025 and Trump’s second term – with a dash of humor: https://www.youtube.com/watch?v=gYwqpx6lp_s.]

Now is not the time to be squeamish about preaching and politics.

We know that Christian nationalist clergy are preaching about politics on a regular basis. Some have told their congregations they will go to hell if they vote for Democrats. Others such as Pastor Greg Locke are urging their congregations to use violence.

So, clergy who preach the gospel of Jesus Christ must be bold and courageous.

These next four months must be about inspiring and mobilizing our congregations to stand united against the fascistic takeover of our nation. We must urge those in the pews and in our communities to turn out at the polls and use any and all methods of nonviolent resistance against autocracy.

It doesn’t matter how you feel about Biden, or his debate performance, or his age, or anything else. We are voting for an administration, not just a single person. We are voting for the only chance we have left to save ourselves from tyranny.

The only path forward is to stand with the Democratic administration and vote for Democrats in all elections — local, state, and presidential.

We must call for expanding the Supreme Court in order to overturn this disastrous ruling on presidential immunity. And to roll back all the other rulings of this extremist Court that have decimated the rights and protections of this country. These rulings include overturning the Chevron doctrine which removed the power of regulatory agencies to protect the health and safety of Americans. Not to mention stripping women of their bodily autonomy in the Dobbs decision. And even criminalizing homelessness and sleeping in public.

As Vox senior correspondent Ian Millhiser writes: “These are not simply cases that are wrong or harmful to many Americans, they are cases that are fundamentally at odds with the idea that the United States is a constitutional democracy, with a government that is simultaneously bound by written legal texts and fundamentally accountable to the American people and not to an unelected oligarchy.”

What if Trump wins?

I encourage you to check out a website that lays out different scenarios about possible election outcomes. It’s a choose-your-own-adventure interactive site that is well written, detailed, and an eye opener. This is helpful for groups deciding how prepare and move forward. https://whatiftrumpwins.org/

Next – A Biblical Response to the Ruling for Presidential Immunity

In this piece I suggest 3 Old Testament passages that can provide a biblical response to the Supreme Court establishing presidential immunity. These could be used for a sermon series or teaching forum. (An article on New Testament passages is coming soon!)

In the meantime, I encourage clergy to join a group I co-founded called the Clergy Emergency League. This is a network of more than 2,500 clergy across the U.S. supporting each other in resisting christofascism.

People of faith, we must dissent, we must resist, and we must stand together against tyranny!

Trumpism is a Starfish, not a Spider. How should churches respond?

Herod and Trump – Different Times, Same Story

Gaslighting in the Age of Trump: 6 Tips for Survival

The Rev. Dr. Leah D. Schade is the Associate Professor of Preaching and Worship at Lexington Theological Seminary in Kentucky and ordained in the ELCA. Dr. Schade does not speak for LTS or the ELCA; her opinions are her own. She is the author of Preaching in the Purple Zone: Ministry in the Red-Blue Divide (Rowman & Littlefield, 2019) and Creation-Crisis Preaching: Ecology, Theology, and the Pulpit (Chalice Press, 2015). She is the co-editor of Rooted and Rising: Voices of Courage in a Time of Climate Crisis (Rowman & Littlefield, 2019). Her newest book is Introduction to Preaching: Scripture, Theology, and Sermon Preparation, co-authored with Jerry L. Sumney and Emily Askew (Rowman & Littlefield, 2023).