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Trump v. United States

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Docket No. Op. Below Argument Opinion Vote Author Term
23-939 D.C. Cir. Apr 25, 2024
 Jul 1, 2024 6-3 Roberts OT 2023

Holding: The nature of presidential power entitles a former president to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority; he is also entitled to at least presumptive immunity from prosecution for all his official acts; there is no immunity for unofficial acts.

Judgment: Vacated and remanded, 6-3, in an opinion by Chief Justice Roberts on July 1, 2024. Chief Justice Roberts delivered the opinion of the court, in which Justices Thomas, Alito, Gorsuch, and Kavanaugh joined in full, and in which Justice Barrett joined except as to Part III-C. Justice Thomas filed a concurring opinion. Justice Barrett filed an opinion concurring in part. Justice Sotomayor filed a dissenting opinion, in which Justices Kagan and Jackson joined. Justice Jackson filed a dissenting opinion.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Feb 12 2024Application (23A745) for a stay, submitted to The Chief Justice.
Feb 12 2024Petition for a writ of certiorari filed.
Feb 13 2024Response to application (23A745) requested by The Chief Justice, due February 20, 2024, by 4pm (EST).
Feb 13 2024Brief amicus curiae of John Danforth, J. Michael Luttig, Carter Phillips, Peter Keisler, Larry Thompson, Stuart Gerson, et al. filed.
Feb 13 2024Brief amicus curiae of Constitutional Law Scholars filed.
Feb 14 2024Response to application from respondent United States filed.
Feb 14 2024Brief amicus curiae of Protect Democracy Project filed.
Feb 15 2024Reply of applicant Donald J. Trump filed.
Feb 15 2024Brief amicus curiae of David Boyle filed.
Feb 16 2024Brief amicus curiae of Alabama and 21 Other States filed.
Feb 19 2024Brief amicus curiae of Christian Family Coalition filed.
Feb 19 2024Brief amicus curiae of Jeremy Bates filed.
Feb 20 2024Brief amicus curiae of Former Attorney General Edwin Meese III, Law Professors Steven Calabresi and Gary Lawson, and Citizens United filed.
Feb 28 2024Application (23A745) referred to the Court.
Feb 28 2024Petition GRANTED.
Feb 28 2024The application for a stay presented to The Chief Justice is referred by him to the Court. The Special Counsel’s request to treat the stay application as a petition for a writ of certiorari s granted (23-939), and that petition is granted limited to the following question: 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. Without expressing a view on the merits, this Court directs the Court of Appeals to continue withholding issuance of the mandate until the sending down of the judgment of this Court. The application for stay is dismissed as moot. The case will be set for oral argument during the week of April 22, 2024. Petitioner’s brief on the merits, and any amicus curiae briefs in support or in support of neither party, are to be filed on or before Tuesday, March 19, 2024. Respondent’s brief on the merits, and any amicus curiae briefs in support, are to be filed on or before Monday, April 8, 2024. The reply brief, if any, is to be filed on or before 5 p.m., Monday, April 15, 2024.
Feb 29 2024Record requested from the United States Court of Appeals for the District of Columbia Circuit.
Mar 01 2024Record received electronically from the United States Court of Appeals for the District of Columbia Circuit and available with the Clerk.
Mar 01 2024Record received from the United States District Court for the District of Columbia. The record is electronic and is available on PACER.
Mar 06 2024SET FOR ARGUMENT on Thursday, April 25, 2024.
Mar 12 2024Brief amicus curiae of Matthew D. Wilson filed.
Mar 18 2024Brief amicus curiae of Guardian Defense Fund, Inc. in support of neither party filed. (Distributed)
Mar 19 2024Brief amici curiae of Alabama and 17 Other States filed.
Mar 19 2024Brief of petitioner Donald J. Trump filed.
Mar 19 2024Joint appendix filed. (Statement of costs filed)
Mar 19 2024Brief amicus curiae of Condemned USA filed.
Mar 19 2024Brief amici curiae of Coolidge Reagan Foundation, et al. filed.
Mar 19 2024Brief amicus curiae of Senator Steve Daines and National Republican Senatorial Committee filed.
Mar 19 2024Brief amici curiae of Ohio, et al. filed.
Mar 19 2024Brief amicus curiae of The American Center for Law and Justice filed.
Mar 19 2024Brief amici curiae of United States Justice Foundation, et al. filed.
Mar 19 2024Brief amici curiae of Former United States Attorney General John D. Ashcroft, et al. in support of neither party filed.
Mar 19 2024Brief amici curiae of Three Former Senior Military Officers and Executive Branch Officials filed.
Mar 19 2024Brief amici curiae of Kansas Republican Party and 17 Other State and Territorial Republican Parties filed.
Mar 19 2024Brief amici curiae of Former Attorneys General Edwin Meese III and Michael B. Mukasey; Law Professors Steven Calabresi and Gary Lawson; and Citizens United filed.
Mar 19 2024Brief amicus curiae of Christian Family Coalition (CFC) Florida, Inc., a Florida not-for-profit Corporation filed.
Mar 19 2024Brief amici curiae of America's Future, et al. filed.
Mar 19 2024Brief amici curiae of Gavin M. Wax, et al. filed.
Mar 19 2024Brief amicus curiae of Former White House Chief of Staff Mark R. Meadows in support of neither party filed.
Mar 19 2024Brief amici curiae of U.S. Senator Roger Marshall, et al. filed.
Mar 19 2024Brief amicus curiae of Citizens Equal Rights Foundation in support of neither party filed. (Distributed)
Mar 19 2024Brief amicus curiae of David Boyle in support of neither party filed. (Distributed)
Mar 22 2024CIRCULATED
Mar 29 2024Any motion pertaining to the oral argument in this case shall be filed on or before Monday, April 8, 2024.
Apr 04 2024Brief amici curiae of John Danforth, et al. filed. (Distributed)
Apr 05 2024Brief amicus curiae of G. Antaeus B. Edelsohn filed. (Distributed)
Apr 08 2024Brief of respondent United States filed. (Distributed)
Apr 08 2024Brief amicus curiae of Leadership Now Project filed. (Distributed)
Apr 08 2024Brief amicus curiae of Citizens for Responsibility and Ethics in Washington filed. (Distributed)
Apr 08 2024Brief amicus curiae of Jeremy Bates filed. (Distributed)
Apr 08 2024Brief amici curiae of Scholars of Constitutional Law filed. (Distributed)
Apr 08 2024Brief amici curiae of Former Government Officials and Constitutional Lawyers filed. (Distributed)
Apr 08 2024Brief amici curiae of Retired Four-Star Admirals and Generals, and Former Secretaries of the U.S. Army, Navy, and Air Force filed. (Distributed)
Apr 08 2024Brief amici curiae of Scholars of the Founding Era filed. (Distributed)
Apr 08 2024Amicus brief of Common Cause not accepted for filing. (April 10, 2024)
Apr 08 2024Brief amicus curiae of Common Cause filed. (Distributed)
Apr 08 2024Brief amicus curiae of Public Citizen filed. (Distributed)
Apr 08 2024Brief amici curiae of Stephen R. McAllister and Scott Paul filed. (Distributed)
Apr 08 2024Brief amici curiae of Claire Finkelstein and Fourteen Other National Security Professionals filed. (Distributed)
Apr 08 2024Brief amici curiae of ACLU, et al. filed. (Distributed)
Apr 08 2024Brief amicus curiae of Puerto Rico House of Representatives filed. (Distributed)
Apr 08 2024Brief amicus curiae of Professor Martin S. Lederman filed. (Distributed)
Apr 15 2024Amicus brief of Thomas Ogden not accepted for filing. (April 16, 2024)
Apr 15 2024Reply of petitioner Donald J. Trump filed. (Distributed)
Apr 25 2024Argued. For petitioner: D. John Sauer, St. Louis, Mo. For respondent: Michael R. Dreeben, Counselor to the Special Counsel, Department of Justice, Washington, D. C.
Jul 01 2024Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, and Kavanaugh, JJ., joined in full, and in which Barrett, J., joined except as to Part III-C. Thomas, J., filed a concurring opinion. Barrett, J., filed an opinion concurring in part. Sotomayor, J., filed a dissenting opinion, in which Kagan and Jackson, JJ., joined. Jackson, J., filed a dissenting opinion.
Aug 02 2024Judgment Issued. (Rev. 8/5/24)