Justices set to punt on Trump immunity case
Conservative justices signaled support for Trump's protection from criminal charges


What happened
The Supreme Court's conservative majority, after nearly three hours of oral arguments Thursday, appeared unlikely to give former President Donald Trump the "kind of get-out-of-jail free card" he is seeking in special counsel Jack Smith's 2020 election subversion case, Politico said. But a majority of justices seemed ready to enshrine some level of presidential immunity and send the case back to lower courts for time-consuming parsing of "official" versus personal presidential actions.
Who said what
This case has "huge implications" for the "future of the presidency" and the country, said Justice Brett Kavanaugh. "We are writing a rule for the ages," Justice Neil Gorsuch said. The "framers did not put an immunity clause into the Constitution," said Justice Elena Kagan. "Not so surprising — they were reacting against a monarch who claimed to be above the law." Telling "the most powerful person in the world" there is "no potential penalty for committing crimes" could turn "the Oval Office into the seat of criminality," said Justice Ketanji Brown Jackson.
The commentary
The conservative justices seem poised to give Trump "what he most desires in the case: further delays," Ronald Brownstein said at The Atlantic. People who went into Thursday's hearing "wishing to preserve a preelection trial against Trump" emerged "hoping that the court doesn't eviscerate the possibility of criminal consequences for any president who breaks the law."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
What next?
The court's ruling is expected by the end of June.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
A running list of RFK Jr.'s controversies
In Depth The man atop the Department of Health and Human Services has had no shortage of scandals over the years
By Brigid Kennedy
-
Film reviews: Sinners and The King of Kings
Feature Vampires lay siege to a Mississippi juke joint and an animated retelling of Jesus' life
By The Week US
-
Music reviews: Bon Iver, Valerie June, and The Waterboys
Feature "Sable, Fable," "Owls, Omens, and Oracles," "Life, Death, and Dennis Hopper"
By The Week US
-
A running list of RFK Jr.'s controversies
In Depth The man atop the Department of Health and Human Services has had no shortage of scandals over the years
By Brigid Kennedy
-
IMF sees slump from tariffs, Trump tries to calm markets
Speed Read The International Monetary Fund predicts the U.S. and global economies will slow significantly due to the president's trade war
By Peter Weber, The Week US
-
Climate: Trump's attempt to bring back coal
Feature Trump rolls back climate policies with executive orders aimed at reviving the coal industry
By The Week US
-
Trump's budget: Gutting Medicaid to pass tax cuts?
Feature To extend Trump's tax cuts, the GOP is looking to cut Medicaid and other assistance programs
By The Week US
-
Trump tariffs place trucking industry in the crosshairs
IN THE SPOTLIGHT As the White House barrels ahead with its massive tariff project, American truckers are feeling the heat from a global trade war
By Rafi Schwartz, The Week US
-
Trump stands by Hegseth amid ouster reports
Speed Read The president dismissed reports that he was on the verge of firing Defense Secretary Pete Hegseth over a second national security breach
By Rafi Schwartz, The Week US
-
Corruption: The road to crony capitalism
Feature Trump's tariff pause sent the stock market soaring — was it insider trading?
By The Week US
-
How 'China shock 2.0' will roil global markets
Feature An overflow of Chinese goods is flooding the global market. Tariffs won’t stop it.
By The Week US