Westminster insiders are watching Washington with a mix of envy and alarm. The US Supreme Court just handed Donald Trump a win on presidential immunity. It was a narrow ruling, but its implications are vast. The Court said former presidents have broad protection from civil lawsuits over official acts. That is a significant expansion of executive power.
But here is the real rub for British observers. This ruling came from a court. In the UK, our highest court would never dream of granting such powers. Because we have parliamentary sovereignty. Parliament makes the law. Courts interpret it. They do not legislate from the bench. No British prime minister could hope for such a shield from judicial scrutiny.
Think about the contrast. Trump has lost multiple cases. He faced two impeachments. He was convicted on state charges. Yet the Supreme Court still found a way to bolster his position. The ruling means he cannot be sued for actions taken within the “outer perimeter” of his office. That is a big loophole. Critics say it gives presidents a licence to abuse power.
Back in London, Number 10 is keeping quiet. But Whitehall sources tell me the mood is uneasy. Some Tories quietly admire the muscular defence of executive authority. Others see it as a warning. If the US can drift towards an imperial presidency, can the UK be far behind? Our unwritten constitution relies on checks and balances. But what happens when a prime minister decides to test the limits?
Labour frontbenchers are more vocal. They point to Boris Johnson’s prorogation defeat. The Supreme Court here unanimously ruled his advice to the Queen was unlawful. That would be unthinkable in the current US climate. The contrast could not be starker. Our courts stood up to the executive. Theirs just empowered it.
But here is the twist. The US ruling is not a total victory for Trump. He still faces trials for election interference and classified documents. The immunity is not absolute. It is a procedural shield. Yet it delays proceedings. That is a win for any defendant. Especially one who is the presumptive Republican nominee.
What does this mean for the special relationship? Very little. British governments have always adapted to whoever sits in the White House. But the principle of sovereignty is a hard sell in America. They do not understand it. They think we are quaint. We think they are reckless.
Still, the ruling will fuel debate in the UK. Some on the right will argue for stronger executive powers. They will cite efficiency. Others will see it as a cautionary tale. Power must be checked. Our system relies on Parliament, not the courts. That is the British way. For now, anyway.
The bottom line: Trump got a boost. British politicians are taking notes. The Game continues.
