Presidential Immunity News and Blog Posts

In summary, the state of presidential immunity has changed over time due to various Supreme Court holdings. Those in favor of presidential immunity argue that it prevents retaliatory prosecutions and protects the ability of the executive branch to function. Those in opposition to the recent definition of presidential immunity argue that it compromises executive accountability, weakens checks and balances, and threatens the democratic rule of law.

On Monday, the Supreme Court ruled that former President Donald Trump is entitled to immunity from prosecution on charges regarding attempts to overturn the 2020 election, a ruling that expanded presidential power. The vote was 6 to 3, with the court’s liberal justices dissenting.

That principle – that voters should decide elections rather than judges – is unassailable.