As the nation’s highest court considers whether former President Donald Trump should have immunity from prosecution for his role in alleged attempts to overturn the 2020 election, Supreme Court Justice Neil Gorsuch in Thursday’s hearing wondered how presidents would be affected if they feared that their successors would criminally prosecute them.

“It seems to me like one of the incentives that might be created is for presidents to try to pardon themselves,” Gorsuch said to Trump attorney D. John Sauer, noting that the court has not determined if that is even legal.

“The real concern here is, is there going to be bold and fearless action?” Sauer said. “Is the president going to have to make a controversial decision where his political opponents are going to come after him? Is that going to unduly deter? Is that going to dampen the ardor of that president to do what our constitutional structure demands of him or her, which is bold and fearless action in the face of controversy?”

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