Supreme Court Rules Former Presidents Have Limited Immunity Based on Official Capacity, Case Sent to Lower Courts

The Supreme Court has ruled that former presidents have “absolute immunity” for actions taken within their constitutional authority but not for actions taken in a private capacity. This decision is seen as a form of partial immunity and the case is being sent back to the lower courts for further deliberation. This landmark judgment addresses the extent of presidential immunity, distinguishing between official and unofficial acts, and sets a precedent for how former presidents can be prosecuted for their actions.

• The US Supreme Court ruled that former presidents have absolute immunity for actions within their constitutional authority but are not entitled to immunity for actions taken in a private capacity.
• The case is being sent back to the lower courts to determine what actions fall under official versus unofficial acts.
• The decision was based on legal principle rather than fact, with the lower courts now tasked with determining the specifics of the case.
• The ruling was a 6-3 decision, split along party lines, with justices appointed by Republican presidents ruling in favor of the immunity and justices appointed by Democratic presidents dissenting.
• This partisan split in the decision is feared to erode trust in the judiciary and further politicize the court.
• The timeline set by the Supreme Court means the case is unlikely to come to trial before the November election, given the complexity of the decision and the need for further factual determination by the lower courts.
• Decisions made in the lower courts can be appealed, but the Supreme Court has discretionary power in choosing which cases to hear, traditionally hearing only a small percentage of appeals.

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