Highlights of the Supreme Court Ruling on Presidential Immunity
The Supreme Court declared on Monday that former presidents have immunity for their official actions, upending the case against Donald J. Trump over his attempts to subvert his 2020 election loss.
In the majority opinion, written by Chief Justice John G. Roberts Jr., the conservative supermajority explained that Congress has no authority to pass criminal laws regulating powers that the Constitution assigns exclusively to presidents. Where the two branches share overlapping authority, presidents may or may not have immunity depending on whether applying criminal law to those specific facts would dangerously intrude on the functions of the executive branch.
Justice Sonia Sotomayor, joined by her liberal colleagues, wrote a vehement dissent, portraying the ruling as a sharp expansion of presidential power — not just for Mr. Trump but for all presidents. She cited the famous World War II ruling that upheld the internment of Japanese Americans in the West to invoke the fear that presidents may feel freer to abuse their power.