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."
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.
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.
- 
Eel-egal trade: the world’s most lucrative wildlife crime?Under the Radar Trafficking of juvenile ‘glass’ eels from Europe to Asia generates up to €3bn a year but the species is on the brink of extinction
 - 
Political cartoons for November 2Cartoons Sunday's political cartoons include the 22nd amendment, homeless camps, and more
 - 
The dazzling coral gardens of Raja AmpatThe Week Recommends Region of Indonesia is home to perhaps the planet’s most photogenic archipelago.
 
- 
Trump’s White House ballroom: a threat to the republic?Talking Point Trump be far from the first US president to leave his mark on the Executive Mansion, but to critics his remodel is yet more overreach
 - 
‘Not every social scourge is an act of war’Instant Opinion Opinion, comment and editorials of the day
 - 
Pentagon unable to name boat strike casualtiesSpeed Read The Pentagon has so far acknowledged 14 strikes
 - 
41 political cartoons for October 2025Cartoons Editorial cartoonists take on Donald Trump, ICE, Stephen Miller, the government shutdown, a peace plan in the Middle East, Jeffrey Epstein, and more.
 - 
Trump limits refugees mostly to white South AfricansSpeed Read The administration is capping the number of refugees at 7,500
 - 
Dutch center-left rises in election as far-right fallsSpeed Read The country’s other parties have ruled against forming a coalition
 - 
Judge rules US attorney ‘unlawfully serving’Speed Read Bill Essayli had been serving in the role without Senate confirmation
 - 
Trump ends Asia trip with Xi meeting, nuke threatSpeed Read Trump had spent the last six days in Asia
 
