> But the kicker is that the president has an effective Carte Blanche to determine what is an official act.
I think this is where the interpretation of the ruling is wrong: common reading is that it gave the president more power.
Textually, whether it does or doesn't entirely turns on the definition of an "official act" which the Supreme Court very notably left for lower courts to determine on a case by case basis.
>> The immunity [for official acts] the Court has recognized therefore extends to the “outer perimeter” of the President’s official responsibilities, covering actions so long as they are “not manifestly or palpably beyond [his] authority.” Blassingame v. Trump, 87 F. 4th 1, 13 (CADC).
Including in Trump v United States, which was still ongoing at the time Trump won reelection.
>> On Trump’s view, the alleged conduct [of contacting state and other election officials] qualifies as official because it was undertaken to ensure the integrity and proper administration of the federal election. As the Government sees it, however, Trump can point to no plausible source of authority enabling the President to take such actions. Determining whose characterization may be correct, and with respect to which conduct, requires a fact-specific analysis of the indictment’s extensive and interrelated allegations. The Court accordingly remands to the District Court to determine in the first instance whether Trump’s conduct in this area qualifies as official or unofficial.
>> Whether the communications alleged in the indictment involve official conduct may depend on the content and context of each. This necessarily factbound analysis is best performed initially by the District Court. The Court therefore remands to the District Court to determine in the first instance whether this alleged conduct is official or unofficial. [...] Unlike Trump’s
alleged interactions with the Justice Department, this alleged conduct cannot be neatly categorized as falling within a particular Presidential function. The necessary analysis
is instead fact specific, requiring assessment of numerous alleged interactions with a wide variety of state officials
and private persons.
Since it was dismissed without prejudice, it's entirely possible a subsequent Department of Justice reopens it and proceeds with the District Court fact finding the Supreme Court directed.
True. But the kicker is that the president has an effective Carte Blanche to determine what is an official act.