Opinion: Biden Must Act Now to Stop Trump’s Dangerous Return to Power (But of Course He Won’t)
The Supreme Court’s recent decision granting sitting presidents sweeping immunity from prosecution for “official acts” performed while in office has fundamentally reshaped the contours of American governance. This seismic ruling has effectively placed presidents above the law for actions undertaken during their terms, undermining the bedrock principle that no one — not even the president — is above accountability. With Donald Trump poised to reclaim the presidency on January 20th, this decision is no longer a theoretical concern; it is an existential threat to the survival of American democracy.
President Biden and the Democratic Party must recognize this moment for what it is: an unprecedented constitutional crisis. The time for adherence to outdated norms and timid political calculations is over. If the Supreme Court has declared that the presidency is above the law, then President Biden must use the full extent of his powers to prevent Trump from returning to office and plunging the nation into autocracy. Anything less than decisive action is not just spinelessness — it is complicity.
The Stakes Have Never Been Higher
To fully understand the urgency of this situation, we must grapple with the implications of the Supreme Court’s decision. By shielding presidents from prosecution for their official acts, the Court has effectively sanctioned abuse of power. This ruling invites a dangerous precedent where future presidents can engage in corrupt, authoritarian, or even criminal behavior without fear of legal consequences while in office.
Donald Trump has already demonstrated a willingness to exploit every loophole and stretch every norm to its breaking point. His attempts to overturn the 2020 election, his incitement of the January 6th insurrection, and his repeated disregard for constitutional checks and balances provide a chilling preview of what a second Trump presidency would entail. Armed with the Supreme Court’s imprimatur of immunity, Trump would have a green light to wield the powers of the presidency in even more dangerous and authoritarian ways.
Biden’s Duty to Protect the Republic
President Biden, the burden falls squarely on your shoulders to protect the republic from this imminent threat. As the leader of the executive branch, you possess formidable tools to prevent Trump from taking office. Now is the time to use them.
Critics will undoubtedly decry any bold action as an overreach, but let us be clear: the Supreme Court has already dismantled the guardrails of accountability. The rules of engagement have fundamentally changed, and the only path forward is to meet this unprecedented crisis with equally unprecedented measures. If Trump and his allies are willing to exploit every weakness in our system to seize power, then you must be prepared to exercise the full powers of the presidency to stop them.
One such measure is instructing Vice President Kamala Harris to refuse to certify the election results. While this would be an extraordinary step, it is warranted under the circumstances. The certification process is one of the final mechanisms through which Trump’s return to power can be contested. By blocking certification, you would send a clear message that the presidency is not a blank check for lawlessness and authoritarianism.
The Myth of Political Norms
Critics within your own party will argue that such actions would set a dangerous precedent or undermine faith in our institutions. To this, we must respond: the precedent has already been set. The Supreme Court’s ruling has eroded the principle of presidential accountability, and Trump’s own conduct has demonstrated his disdain for democratic norms. Pretending that business as usual will suffice in this moment is not only naïve but reckless.
Moreover, faith in our institutions has already been severely undermined — not by those who seek to defend democracy, but by those who have sought to dismantle it. The Republican Party’s embrace of Trumpism and its willingness to subvert free and fair elections have inflicted far greater damage to public trust than any bold action taken to stop Trump’s return to power.
The Danger of Inaction
To all elected Democrats: your continued inaction in the face of this crisis is nothing short of complicity. The warning signs of authoritarianism have been glaringly clear for years, yet you have consistently failed to act with the urgency that this moment demands. By allowing Trump to return to power, you are not merely acquiescing to a political defeat — you are enabling the erosion of American democracy itself.
You have the power to act. Use it. Challenge the Supreme Court’s dangerous decision. Explore every legal and constitutional mechanism available to block Trump’s path to the presidency. And most importantly, speak to the American people with clarity and conviction about the stakes of this fight. The public deserves to know the full extent of the threat we face and the steps you are taking to address it.
The Historical Imperative
History will judge you not by the number of legislative victories you secured or the polls you consulted, but by whether you rose to the occasion in the face of a clear and present danger to democracy. Imagine what might have been if past leaders had been paralyzed by concerns about precedent or political backlash. Would Franklin D. Roosevelt have mustered the resolve to confront the Axis Powers during World War II? Would Lyndon B. Johnson have pushed through the Voting Rights Act in the face of fierce opposition?
President Biden, you have often invoked the legacies of these leaders as guiding examples. Now, you have the opportunity to join their ranks by taking bold and decisive action to safeguard the republic. Do not squander it.
A Call to Action
The time for half-measures and political caution is over. This is not a moment for business as usual. This is a moment that demands extraordinary leadership and an unwavering commitment to the principles of democracy. If the Supreme Court has declared that presidents are above the law, then the current president must use that power to defend the Constitution and the rule of law itself.
President Biden, act now. Instruct Vice President Harris to block certification. Mobilize every branch of government to challenge Trump’s return to power. Rally the American people behind the cause of protecting democracy. The stakes could not be higher, and the window of opportunity is rapidly closing.
To all elected Democrats: stop playing by rules that no longer exist. The time for excuses is over. The future of our nation depends on your courage, your resolve, and your willingness to act decisively in this moment of crisis. Do not let history remember you as the leaders who stood by and did nothing while democracy was dismantled. Rise to the occasion and defend the republic before it is too late.
