On July 1, the Supreme Court ruled that presidents and former presidents enjoy “absolute immunity” from criminal prosecution for “conduct within his exclusive sphere of constitutional authority,” setting guidelines for which acts in former President Donald Trump’s federal election case can remain in the indictment but leaving large amounts of litigation for the district court.
The case, which has been on hold since December 2023, is unlikely to proceed to trial before the November election but may soon see a flurry of legal activity.
Chief Justice John Roberts wrote the majority opinion, with Justice Clarence Thomas adding his own concurring opinion. Justice Amy Coney Barret concurred in part, noting several lines of legal disagreement with the majority. Justice Sonia Sotomayor wrote the dissenting opinion, joined by Justices Elena Kagan and Ketanji Brown Jackson, who also penned a separate dissent….