Supreme Court Makes Landmark Ruling On Presidential Immunity For Donald Trump

A recent Supreme Court ruling would make it “nearly impossible” for former president Donald Trump to face trial ahead of his quest to return to the White House.

In a historic 6-3 ruling on Monday (July 1), Trump now has broad immunity from prosecution in the charges against him for allegedly plotting to overturn his 2020 presidential election loss. The court decision swung toward the conservative majority, with three justices appointed by Trump – Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett –  ruling to grant him immunity from prosecution.

The indictment, brought forth by special counsel Jack Smith, will now return to the trial court to determine the next steps.

Source: Photo Courtesy of the Fulton County Jail /

“Under our constitutional structure of separated powers, the nature of presidential power entitles a former president to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority,” wrote Chief Justice John Roberts for the court. “And he is entitled to at least presumptive immunity from prosecution for all his official acts. There is no immunity for unofficial acts.”

While the chief justice reiterated that the president “is not above the law,” Justice Sonia Sotomayor notes that the recent Supreme Court ruling says otherwise. “In every use of official power, the President is now a king above the law,” she wrote.

​​“Because our Constitution does not shield a former president from answering for criminal and treasonous acts, I dissent,” said Sotomayor, among the three justices who voted against the recent court decision. She also said it “makes a mockery of the principle, foundational to our Constitution and system of government, that no man is above the law.”

Trump responded to the news with a statement he shared with his Truth social media network. “Big win for our constitution and democracy,” he wrote in all caps. “Proud to be an American.”

While Smith’s office declined to comment on the recent Supreme Court ruling, President Joe Biden’s campaign says that the court decision “doesn’t change the facts” about what transpired on Jan. 6.

In May, Trump made history as the first former U.S. president to be convicted of a felony after he was found guilty on charges of “falsifying business records to cover up a hush money payment made during the 2016 presidential election to a porn actor who says she had sex with him.” Despite the conviction, Trump still vehemently denies the claims.

While Trump has been granted immunity, this does not mean he no longer faces the possibility of standing trial; what it does mean is that it is unlikely to happen before the 2024 presidential election, which is set to take place in November.

Per the recent Supreme Court ruling, “Trump is absolutely immune from prosecution for alleged conduct involving discussions with the Justice Department.” If he does not win the 2024 election, which would put him back in the White House for four years, and if the trial does not take place before then, he would stand trial “soon thereafter,” with U.S. District Judge Tanya Chutkan presiding. 

In December, she ruled against Trump’s immunity claim, noting that the “office of the president does not confer a lifelong ‘get-out-of-jail-free pass.’”