Ruling
The Supreme Court ruled in favor of Donald Trump (Defendant).(Roberts, 2024, p. 8)
| Opinion | Dissent |
|---|---|
| Roberts | Sotomayor |
| Thomas | Kagan |
| Alito | Jackson |
| Gorsuch | |
| Kavanaugh | |
| Barret(Except for Part III-C) |
Summary
Chief Justice John Roberts wrote a majority opinion and argues that Donald Trump and all Presidents of the United States have absolute immunity for all “core” powers of the Executive Branch and at least presumptive immunity for all “official” acts as President. Unofficial actions by the President have no immunity.(Roberts, 2024, p. 1)
Page 1
Under our constitutional structure of separated powers, the nature of Presidential power entitles a former President to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority. And he is entitled to at least presumptive immunity from prosecution for all his official acts. There is no immunity for unofficial acts.
Defines what immunity the president gets depending on the level of power.
Congress, nor the courts, can criminalize or prosecute the Presidents exercises of authority over any executive action.(Roberts, 2024, p. 2)
Page 2
When the President exercises such authority, Congress cannot act on, and courts cannot examine, the President’s actions. It follows that an Act of Congress—either a specific one targeted at the President or a generally applicable one—may not criminalize the President’s actions within his exclusive constitutional power. Neither may the courts adjudicate a criminal prosecution that examines such Presidential actions.
Congress, nor the courts, can criminalize or prosecute the Presidents exercises of authority.