In her dissent, Sotomayor made it pretty clear that that doesn’t matter.
“When he uses his official powers in any way, under the majority’s reasoning, he now will be insulated from criminal prosecution,” Sotomayor wrote. “Orders the Navy’s SEAL Team 6 to assassinate a political rival? Immune. Organizes a military coup to hold onto power? Immune. Immune, immune, immune.”
“In every use of official power, the president is now a king above the law,” the justice added.