Supreme Court curtails immunity
The Supreme Court issued a unanimous decision this week narrowing presidential immunity — the court said presidents aren’t categorically shielded from prosecution for personal or political acts, though it left some “official acts” ambiguity video and analysts warn lower courts will spend months applying the rule analysis. Expect a spike in litigation as district courts parse the boundaries for national‑security and advice‑of‑counsel defenses analysis.
The ruling came in Trump v. United States (No. 23‑939) on July 1, 2024, decided 6–3 with Chief Justice John Roberts writing the opinion. supremecourt.gov The Court held presidents get absolute immunity for a narrow set of “core” constitutional powers, presumptive immunity for other official acts, and no immunity for unofficial conduct, then vacated the D.C. Circuit judgment and remanded fact‑specific questions to the trial court. supremecourt.gov The decision sent the Jan. 6 indictment back to U.S. District Judge Tanya Chutkan — Judge Chutkan had earlier vacated a March 4, 2024 trial date while immunity claims were litigated, and the remand effectively delayed any near‑term trial schedule. oyez.org Lower courts have approached the remand piecemeal, with judges told they may not probe presidential motive and that prosecutors cannot use an immune “official act” as proof of an alleged unofficial crime — limits courts and counsel expect will trigger months of litigation over national‑security and advice‑of‑counsel defenses. belmontlawjournal.com
