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Trump v. United States

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)
02/12/2024Application (23A745) for a stay, submitted to The Chief Justice.
02/12/2024Petition for a writ of certiorari filed.
02/13/2024Response to application (23A745) requested by The Chief Justice, due February 20, 2024, by 4pm (EST).
02/13/2024Brief amicus curiae of John Danforth, J. Michael Luttig, Carter Phillips, Peter Keisler, Larry Thompson, Stuart Gerson, et al. filed.
02/13/2024Brief amicus curiae of Constitutional Law Scholars filed.
02/14/2024Response to application from respondent United States filed.
02/14/2024Brief amicus curiae of Protect Democracy Project filed.
02/15/2024Reply of applicant Donald J. Trump filed.
02/15/2024Brief amicus curiae of David Boyle filed.
02/16/2024Brief amicus curiae of Alabama and 21 Other States filed.
02/19/2024Brief amicus curiae of Christian Family Coalition filed.
02/19/2024Brief amicus curiae of Jeremy Bates filed.
02/20/2024Brief amicus curiae of Former Attorney General Edwin Meese III, Law Professors Steven Calabresi and Gary Lawson, and Citizens United filed.
02/28/2024Application (23A745) referred to the Court.
02/28/2024Petition GRANTED.
02/28/2024The 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.
02/29/2024Record requested from the United States Court of Appeals for the District of Columbia Circuit.
03/01/2024Record received electronically from the United States Court of Appeals for the District of Columbia Circuit and available with the Clerk.
03/01/2024Record received from the United States District Court for the District of Columbia. The record is electronic and is available on PACER.
03/06/2024SET FOR ARGUMENT on Thursday, April 25, 2024.
03/12/2024Brief amicus curiae of Matthew D. Wilson filed.
03/18/2024Brief amicus curiae of Guardian Defense Fund, Inc. in support of neither party filed. (Distributed)
03/19/2024Brief amici curiae of Alabama and 17 Other States filed.
03/19/2024Brief of petitioner Donald J. Trump filed.
03/19/2024Joint appendix filed. (Statement of costs filed)
03/19/2024Brief amicus curiae of Condemned USA filed.
03/19/2024Brief amici curiae of Coolidge Reagan Foundation, et al. filed.
03/19/2024Brief amicus curiae of Senator Steve Daines and National Republican Senatorial Committee filed.
03/19/2024Brief amici curiae of Ohio, et al. filed.
03/19/2024Brief amicus curiae of The American Center for Law and Justice filed.
03/19/2024Brief amici curiae of United States Justice Foundation, et al. filed.
03/19/2024Brief amici curiae of Former United States Attorney General John D. Ashcroft, et al. in support of neither party filed.
03/19/2024Brief amici curiae of Three Former Senior Military Officers and Executive Branch Officials filed.
03/19/2024Brief amici curiae of Kansas Republican Party and 17 Other State and Territorial Republican Parties filed.
03/19/2024Brief amici curiae of Former Attorneys General Edwin Meese III and Michael B. Mukasey; Law Professors Steven Calabresi and Gary Lawson; and Citizens United filed.
03/19/2024Brief amicus curiae of Christian Family Coalition (CFC) Florida, Inc., a Florida not-for-profit Corporation filed.
03/19/2024Brief amici curiae of America's Future, et al. filed.
03/19/2024Brief amici curiae of Gavin M. Wax, et al. filed.
03/19/2024Brief amicus curiae of Former White House Chief of Staff Mark R. Meadows in support of neither party filed.
03/19/2024Brief amici curiae of U.S. Senator Roger Marshall, et al. filed.
03/19/2024Brief amicus curiae of Citizens Equal Rights Foundation in support of neither party filed. (Distributed)
03/19/2024Brief amicus curiae of David Boyle in support of neither party filed. (Distributed)
03/22/2024CIRCULATED
03/29/2024Any motion pertaining to the oral argument in this case shall be filed on or before Monday, April 8, 2024.
04/04/2024Brief amici curiae of John Danforth, et al. filed. (Distributed)
04/05/2024Brief amicus curiae of G. Antaeus B. Edelsohn filed. (Distributed)
04/08/2024Brief of respondent United States filed. (Distributed)
04/08/2024Brief amicus curiae of Leadership Now Project filed. (Distributed)
04/08/2024Brief amicus curiae of Citizens for Responsibility and Ethics in Washington filed. (Distributed)
04/08/2024Brief amicus curiae of Jeremy Bates filed. (Distributed)
04/08/2024Brief amici curiae of Scholars of Constitutional Law filed. (Distributed)
04/08/2024Brief amici curiae of Former Government Officials and Constitutional Lawyers filed. (Distributed)
04/08/2024Brief amici curiae of Retired Four-Star Admirals and Generals, and Former Secretaries of the U.S. Army, Navy, and Air Force filed. (Distributed)
04/08/2024Brief amici curiae of Scholars of the Founding Era filed. (Distributed)
04/08/2024Amicus brief of Common Cause not accepted for filing. (April 10, 2024)
04/08/2024Brief amicus curiae of Common Cause filed. (Distributed)
04/08/2024Brief amicus curiae of Public Citizen filed. (Distributed)
04/08/2024Brief amici curiae of Stephen R. McAllister and Scott Paul filed. (Distributed)
04/08/2024Brief amici curiae of Claire Finkelstein and Fourteen Other National Security Professionals filed. (Distributed)
04/08/2024Brief amici curiae of ACLU, et al. filed. (Distributed)
04/08/2024Brief amicus curiae of Puerto Rico House of Representatives filed. (Distributed)
04/08/2024Brief amicus curiae of Professor Martin S. Lederman filed. (Distributed)
04/15/2024Amicus brief of Thomas Ogden not accepted for filing. (April 16, 2024)
04/15/2024Reply of petitioner Donald J. Trump filed. (Distributed)
04/25/2024Argued. For petitioner: D. John Sauer, St. Louis, Mo. For respondent: Michael R. Dreeben, Counselor to the Special Counsel, Department of Justice, Washington, D. C.
07/01/2024Judgment 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.
08/02/2024Judgment Issued. (Rev. 8/5/24)