BREAKING: Supreme Court Rules on Presidential Immunity
By Susie Moore | 10:50 AM on July 01, 2024
The opinions expressed by contributors are their own and do not necessarily represent the views of RedState.com
There were multiple highly-anticipated Supreme Court decisions this term, but this one is perhaps the biggest of them. The ruling could have significant implications not only for former President Donald Trump personally but the 2024 presidential election, future Oval Office occupants — and potentially, even current and past presidents.
In a 6-3 ruling, the Court held that a former president has absolute immunity for his core constitutional powers. Further, former presidents are also entitled to at least a presumption of immunity for their official acts.
However, there is no immunity for unofficial acts. Chief Justice John Roberts, writing for the Court, laid out the holding, one that is likely to confound those on both/all sides of the issue, at least to some degree. In sending the case back to the lower courts to determine which of the acts in question are "official" versus "unofficial." Roberts noted the import of the decision:
This case poses a question of lasting significance: When may a former President be prosecuted for official acts taken during his Presidency? Our Nation has never before needed an answer. But in addressing that question today, unlike the political branches and the public at large, we cannot afford to fixate exclusively, or even primarily, on present exigencies. In a case like this one, focusing on “transient results” may have profound consequences for the separation of powers and for the future of our Republic. Youngstown, 343 U. S., at 634 (Jackson, J., concurring). Our perspective must be more farsighted, for “[t]he peculiar circumstances of the moment may render a measure more or less wise, but cannot render it more or less constitutional.” Chief Justice John Marshall, A Friend of the Constitution No. V, Alexandria Gazette, July 5, 1819, in John Marshall’s Defense of McCulloch v. Maryland 190–191 (G. Gunther ed. 1969).
It is these enduring principles that guide our decision in this case. The President enjoys no immunity for his unofficial acts, and not everything the President does is official. The President is not above the law. But Congress may not criminalize the President’s conduct in carrying out the responsibilities of the Executive Branch under the Constitution. And the system of separated powers designed by the Framers has always demanded an energetic, independent Executive. The President therefore may not be prosecuted for exercising his core constitutional powers, and he is entitled, at a minimum, to a presumptive immunity from prosecution for all his official acts. That immunity applies equally to all occupants of the Oval Office, regardless of politics, policy, or party.
It is these enduring principles that guide our decision in this case. The President enjoys no immunity for his unofficial acts, and not everything the President does is official. The President is not above the law. But Congress may not criminalize the President’s conduct in carrying out the responsibilities of the Executive Branch under the Constitution. And the system of separated powers designed by the Framers has always demanded an energetic, independent Executive. The President therefore may not be prosecuted for exercising his core constitutional powers, and he is entitled, at a minimum, to a presumptive immunity from prosecution for all his official acts. That immunity applies equally to all occupants of the Oval Office, regardless of politics, policy, or party.
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READ MORE: https://redstate.com/smoosieq/2024/07/01/breaking-supreme-court-rules-on-presidential-immunity-n2175982
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