In recent interviews retired Judge J. Michael Luttig, a conservative judicial icon has repeatedly pressed a key assertion, speaking directly to the role of the current United States Supreme Court and its part in the second rise of Donald Trump Luttig has been direct and pointed. In one interview on the Jim Acosta Show, Luttig described the Supreme Court as, “Presiding over the end of the rule of law in America.” He continued, “We must never forget, this Supreme Court created Donald Trump, they guaranteed his election for a second time and they guaranteed that he could violate the constitution and the laws of the United States of America with absolute impunity.” He repeated those assertions in a similar conversation with MS Now’s The Last Word with Lawrence O’Donnell.

In a separate interview with Katie Couric Judge Luttig was perhaps even more pointed in his remarks saying: “This Supreme Court put Donald Trump back into the White House … This Supreme Court put Donald Trump above the law for the first time in 250 years. That resulted in his reelection or election again … It’s entirely reasonable to understand the opinion [the Trump immunity ruling] as the Supreme Court wanting Donald Trump to be elected again … and BTW they the Supreme Court has enabled his utter lawlessness for the past year and a half.”

Luttig would not make statements of this kind casually. They are direct and purposeful remarks. When the Supreme Court ruled in Trump’s favor in the very consequential, July 1, 2024 Trump v. United States case, also known as the Presidential Immunity Decision, all of the conservative members of the Roberts court understood that Trump had been convicted of multiple felonies in New York state court, was facing multiple serious criminal charges at that time in U.S. federal court and additional state charges in Georgia.

For the Supreme Court to immunize Trump with those fact at hand did indeed lay the foundation for the pending criminal cases against him, in the run-up to the 2024 presidential election to swept aside and for Trump to run for the office of President for a third time. Unencumbered by those trials and their outcomes. They did certainly pave his path to a second term with full knowledge that he had already been charged, tried and convicted of felony criminal conduct in New York state court. They immunized that convicted felon as he was preparing to run for the highest office in the land. That’s stunning.

Fast forward to 2026, that which was foretold now becomes real. Trump and his White House entourage are engaged in a kaleidoscope of acts that appear openly unlawful. Many of which have in fact been adjudicated illegal by the courts.

If the conservative members of the Supreme Court knew that Trump was likely to commit additional illegal acts and authored a legal shield for him, retroactive to his first term as President and that would legally immunize him should he return to the Oval Office then yes Luttig is right. “…they guaranteed that he could violate the constitution and the laws of the United States of America with absolute impunity.”

The evidence of active cooperation between the Trump camp and the conservative members of the Roberts court is clear and compelling. The question becomes one of culpability for the Supreme Court conservatives who facilitated the current jailbreak of illegality in the White House. Immunity from criminal prosecution for official acts is something the Supreme Court also enjoys, particularly for … official acts.

While charging members of the Supreme Court Court with unlawful acts in connection with the facilitation of the criminal enterprise being run out of the Oval Office may be beyond the scope of federal law it could be a basis for a wide array of challenges to he court’s authority.

A court, any court draws its legitimacy from consent of the people, the citizenry. The clearly anti-constitutional conduct of this iteration of the U.S. Supreme Court forms the basis for myriad challenges. Congress the Executive Branch and the Judicial Branch itself can all challenge the legitimacy of these. Certainly rhetorically and potentially legislatively.

The days of being silently resigned to the authority and sovereignty of the Supreme Court must end. This is a rogue court that is categorically abusing its authority to enact a partisan political agenda. These justices must be met with direct challenges in every way the law allows. It begins with speaking truth to power. This profound level of illegality must be denounced in direct and unequivocal terms.

This is not law, it is sedition from the bench. Start by calling it what it is.