Trump v. United States

Trump v. United States
Argued April 25, 2024
Decided July 1, 2024
Full case nameDonald J. Trump v. United States
Docket no.23-939
Citations603 U.S. 593 (more)
ArgumentOral argument
DecisionOpinion
Case history
Prior
  • United States v. Trump, 704 F.Supp.3d 196 (D.D.C. 2023) (memorandum opinion denying immunity)
  • United States v. Trump, 88 F.4th 990 (D.C. Cir. 2023) (gag order affirmed)
  • United States v. Trump, 144 S.Ct. 539 (2023) (certiorari before judgment denied)
  • United States v. Trump, 91 F.4th 1173 (D.C. Cir. 2024) (denial of immunity affirmed)
  • United States v. Trump, 144 S.Ct. 1027 (2024) (certiorari granted)
Questions presented
Whether and if so to what extent does a former President enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office.
Holding
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.
Court membership
Chief Justice
John Roberts
Associate Justices
Clarence Thomas · Samuel Alito
Sonia Sotomayor · Elena Kagan
Neil Gorsuch · Brett Kavanaugh
Amy Coney Barrett · Ketanji Brown Jackson
Case opinions
MajorityRoberts, joined by Thomas, Alito, Gorsuch, Kavanaugh; Barrett (except Part III–C)
ConcurrenceThomas
ConcurrenceBarrett (in part)
DissentSotomayor, joined by Kagan, Jackson
DissentJackson
Laws applied
U.S. Const. art. II

Trump v. United States, 603 U.S. 593 (2024), is a landmark decision of the Supreme Court of the United States in which the Court determined that presidential immunity from criminal prosecution presumptively extends to all of a president's "official acts"  with absolute immunity for official acts within an exclusive presidential authority that Congress cannot regulate such as the pardon, command of the military, execution of laws, or control of the executive branch. Trump is a federal case that was ultimately dismissed by federal district court judge Tanya Chutkan, following Trump's 2024 election. Trump's counsel filed a motion to dismiss the case, citing the DOJ's policy not to prosecute sitting presidents. This case would have determined whether then-President Donald Trump and others engaged in election interference during the 2020 election, including events during the January 6, 2021, attack on the U.S. Capitol. It is the first time a case concerning criminal prosecution for alleged official acts of a president was brought before the Supreme Court.

On July 1, 2024, the Court ruled in a 6–3 decision that presidents have absolute immunity for acts committed as president within their core constitutional purview, at least presumptive immunity for official acts within the outer perimeter of their official responsibility, and no immunity for unofficial acts. The court declined to rule on the scope of immunity for some acts alleged of Trump in his indictment, instead vacating the appellate decision and remanding the case to the district court for further proceedings.