Remember, SCOTUS—Presidential Immunity Would Apply to Joe Biden, Too

Less audaciously, he could certainly find some legal way to put an end to all these MAGA-driven attempts to seat alternate electors in states whose outcomes they dispute, which they did in seven states in 2020 and by all accounts are preparing to do again this year. Yes, the GOP-led House would impeach him, but so what? There’d never be 67 votes in the Senate to convict. And as with court expansion, if it were clear that he had really won the disputed states, public opinion would be on Biden’s side, and he’d have pushed the Overton window dramatically in the direction of eventual abolition of the Electoral College.

Okay, this, too, is a little out there for Biden. More seriously, he could use an immunity grant to issue a series of rulings and orders that would be aimed toward two ends: one, shoring up some of his policy decisions against the inevitable Trump reversals should Trump be elected, and two, preemptively making it harder for Trump to do some of the things that the infamous Project 2025 pledges he will do.

On the former, for example, the Biden administration could undertake a number of administrative moves on the civil rights and labor fronts to make it harder for Trump to undo what Team Biden has done. And on the latter, Biden can find a way to make it basically impossible for Trump to implement his so-called Schedule F plans, under which Trump would give himself the authority to fire more federal workers and replace them with lackeys. And that’s just for starters. With immunity for official acts, Biden could preemptively defang a lot of what promises to be undemocratic and authoritarian about a Trump second term.