The Supreme Court
In July 2024, the Supreme Court ruled — in a 6-3 decision — that former presidents have "absolute immunity" regarding actions they take in carrying out their official duties while in office. This decision arose from cases involving former President Donald Trump and effectively shielded him from legal accountability for his “official” conduct.
The Court held that this immunity extends to actions deemed part of a president's core constitutional responsibilities, creating a precedent that could limit the ability of individuals to seek recourse for potential abuses of power by sitting or former presidents. This ruling has raised concerns about the implications for accountability and the rule of law in the U.S. government.
By granting such broad immunity, the ruling could suggest that the president is above the law, which undermines the fundamental principle of accountability that is central to democratic governance. It also raised serious concerns about the balance of power and the ability of citizens to seek justice against potential presidential misconduct, leading to fears of an unchecked executive authority.
Meet the Supreme Court Justices who made this decision:
Voted In Favor Of Presidential Immunity
Chief Justice John Roberts
Chief Justice John Roberts, appointed by President George W. Bush in 2005, wrote the majority opinion in the presidential immunity ruling. A graduate of Harvard College and Harvard Law School, he has sought consensus among justices and emphasized the Court's legitimacy. Notable rulings include NFIB v. Sebelius (2012), where he upheld a key provision of the Affordable Care Act, and Shelby County v. Holder (2013), which struck down key provisions of the Voting Rights Act. Controversially, his leadership during the Court's handling of the 2020 election-related cases drew scrutiny for how he balanced the Court's integrity with political pressures.
Justice Samuel Alito
Justice Samuel Alito, nominated by President George W. Bush and taking his seat in 2006, is considered a staunch conservative. He earned his undergraduate degree from Princeton University and his law degree from Yale Law School. Alito's notable decisions include Burwell v. Hobby Lobby (2014), which allowed closely held corporations to deny contraceptive coverage based on religious objections, and Dobbs v. Jackson Women's Health Organization (2022), reinforcing his conservative stance on abortion. He has faced criticism for his aggressive questioning during confirmation hearings and for some of his more controversial opinions that seem to favor corporate interests over individual rights.
Justice Brett Kavanaugh
Justice Brett Kavanaugh was nominated by President Donald Trump and joined the Supreme Court in 2018. He is viewed as a conservative, with degrees from Yale College and Yale Law School. His confirmation was marked by significant controversy, including allegations of sexual misconduct from his past, which he denied. Notable rulings include Rucho v. Common Cause (2019), which ruled that partisan gerrymandering claims are non-justiciable, and California v. Texas (2020), where he sided with the majority to uphold the Affordable Care Act. The heated confirmation process - and his combative behavior during it — raised questions about the Court's integrity and the handling of sensitive allegations against nominees.
Justice Clarence Thomas
Justice Clarence Thomas, appointed by President George H.W. Bush in 1991, is the most conservative member of the Supreme Court and an outspoken advocate for originalism. A graduate of College of the Holy Cross and Yale Law School, he often writes powerful dissenting opinions. His significant rulings include Bush v. Gore (2000), which effectively decided the 2000 presidential election, and Dobbs v. Jackson Women's Health Organization (2022), which overturned Roe v. Wade. Controversially, he has faced scrutiny for failing to disclose gifts and financial connections from conservative donors, raising ethical questions about potential conflicts of interest.
Justice Neil Gorsuch
Justice Neil Gorsuch, appointed by President Donald Trump in 2017, is considered a textualist and originalist, often aligning with conservative positions. He graduated from Columbia University and Harvard Law School, and prior to his Supreme Court appointment, he served on the U.S. Court of Appeals for the Tenth Circuit. Key rulings include Bostock v. Clayton County (2020), which extended workplace protections to LGBTQ individuals, and June Medical Services v. Russo (2020), where he upheld a Louisiana law that would have severely restricted abortion access. Gorsuch faced controversy during his confirmation process due to allegations of partisan bias, as well as concerns over his judicial temperament and prior rulings.
Justice Amy Coney Barrett
Justice Amy Coney Barrett, appointed by President Donald Trump in 2020, is known for her originalist and textualist leanings, often aligning with conservative viewpoints. She graduated from Rhodes College and Notre Dame Law School, where she also taught. Important rulings include Box v. Planned Parenthood (2020), where she voted to uphold an Indiana law restricting abortions, and Whole Woman's Health v. Jackson (2021), where she was part of the Court’s decision to allow Texas's restrictive abortion law to take effect. Barrett faced controversy during her confirmation process over concerns about her views on reproductive rights and the potential implications for Roe v. Wade, as well as discussions about her religious beliefs influencing her judicial decisions.
Voted Against Presidential Immunity
Justice Sonia Sotomayor
Justice Sonia Sotomayor, appointed by President Barack Obama in 2009, is viewed as a progressive voice on the Court. She is a graduate of Princeton University and Yale Law School, known for her focus on issues affecting marginalized communities. Key rulings include Whole Woman's Health v. Hellerstedt (2016), which struck down restrictive abortion laws in Texas, and Fisher v. University of Texas (2016), where she supported affirmative action in college admissions. Sotomayor has also been vocal about the challenges of achieving diversity on the bench.
Justice Elena Kagan
Justice Elena Kagan, nominated by President Barack Obama in 2010, is often seen as a pragmatic liberal. A graduate of Princeton University and Harvard Law School, she previously served as the Solicitor General of the United States. Significant rulings include National Federation of Independent Business v. Sebelius (2012), where she supported the Affordable Care Act, and United States v. Windsor (2013), which struck down the Defense of Marriage Act, enhancing LGBTQ rights.
Justice Ketanji Brown Jackson
Justice Ketanji Brown Jackson, appointed by President Joe Biden in 2021, is the first Black woman to serve on the Supreme Court, marking a significant milestone in its history. A Harvard College and Harvard Law School graduate, she previously served on the U.S. Court of Appeals for the District of Columbia Circuit and as a federal district judge. Jackson is known for her progressive leanings, often advocating for civil rights, criminal justice reform, and reproductive rights. Notable rulings include her dissent in cases involving voting rights and her support for affirmative action.