Trump v United States Presidential Immunity

🟠 Erosion of Democratic Norms · Jul 1, 2024

Summary

In a 6-3 decision, the Supreme Court ruled for the first time in U.S. history that former presidents enjoy at least ‘presumptive immunity’ from criminal prosecution for ‘official acts.’ Prior precedent (Nixon v. Fitzgerald, 1982) had found immunity only in civil damages cases, no court had ever addressed criminal immunity for official acts before this ruling. The decision directly led to dismissal of Jack Smith’s federal election obstruction case against Trump. Justice Sotomayor’s dissent warned the ruling meant a president could ‘order political assassinations, organize a coup, or accept bribes’ if characterized as official acts.