In a historic decision on July 1, the U.S. Supreme Court granted former President Donald Trump extensive immunity from prosecution for actions taken within his constitutional powers while in office. The 6-3 ruling, penned by Chief Justice John Roberts, dismissed a lower court’s rejection of Trump’s immunity claim related to his attempts to overturn the 2020 election results. The majority, comprised of conservative justices, recognized for the first time any form of presidential immunity from prosecution, while the liberal justices strongly dissented.
The decision complicates the possibility of Trump facing trial before the November 5 election, in which he is the Republican candidate against incumbent President Joe Biden. The Court’s decision to remand key questions about the scope of Trump’s immunity back to the trial judge suggests delays that make a pre-election trial unlikely.
Roberts articulated that the constitutional separation of powers necessitates some level of immunity for former presidents to perform their duties without fear of prosecution. This immunity is “absolute” for “core constitutional powers” and “presumptive” for actions within the “outer perimeter” of presidential responsibilities, setting a high bar for prosecutors.
President Biden criticized the ruling as setting a “dangerous precedent,” asserting that it undermines the principle that no one is above the law. The decision could hinder parts of Special Counsel Jack Smith’s case against Trump, as U.S. District Judge Tanya Chutkan evaluates the extent of Trump’s immunity.
Trump celebrated the ruling, proclaiming it a “BIG WIN FOR OUR CONSTITUTION AND DEMOCRACY.” This case marks the first instance of the Supreme Court declaring that former presidents can be shielded from criminal charges. The ruling, concluding the Court’s term, underscores the conservative majority’s influence, including three justices appointed by Trump.
In a powerful dissent, Justice Sonia Sotomayor, with Justices Elena Kagan and Ketanji Brown Jackson, warned that the ruling creates a “law-free zone around the president.” She argued that it effectively places the president above the law in any official capacity, likening it to granting monarchical immunity.
The ruling has postponed Trump’s trial, initially set for March 4, with no new date established. The case has been under litigation for nine months. Legal experts predict that the complex implications of the Court’s opinion will delay proceedings beyond the election.
This ruling follows other favorable decisions for Trump by the Supreme Court, including reinstating him on the Colorado primary ballot and raising the legal threshold for obstruction charges in Smith’s case. Trump, facing charges in multiple cases, maintains his stance of political persecution.
Justice Sotomayor concluded that the Court, based on its interpretation of presidential boldness and decisiveness, granted Trump immunity beyond his requests. This decision, comparable to the landmark Bush v. Gore ruling, positions the Supreme Court as a pivotal player in the presidential race, with potential implications if Trump regains the presidency.
