Immunity
155 Articles
Collecting Just Security’s Analysis of the Supreme Court’s Term
A collection of legal and policy analysis of key cases from the Supreme Court's tumultuous term.
A Prudential Way Forward in Trump v. United States
"The Supreme Court, in Trump, provides the basis for ... a prudential approach going forward."
Three Flaws in the Supreme Court’s Decision on Presidential Criminal Immunity
Three major flaws in the Trump v. United States majority opinion derive from the Court’s failure to examine and differentiate the source and scope of presidential power -- whether…
The Just Security Podcast: Presidential Immunity After Trump v. United States
Legal experts Ryan Goodman, Marty Lederman, Mary McCord, and Steve Vladeck unpack what Trump v. United States means for presidential immunity.
Trump’s Prosecutions Depend on Whether the Dissent Got It Right
Justice Sonia Sotomayor wrote that the Supreme Court's majority granted “former President Trump all the immunity he asked for and more.”
Divided Supreme Court Hands Trump Broad Immunity for Prosecution for Official Acts
The Court set forth a legal framework for the criminal justice system to respond to a president committing federal crimes while in office.
International Enough? A Council of Europe Special Tribunal for the Crime of Aggression
To overcome personal immunities, a proposed Ukraine-CoE special tribunal must act on behalf of the international community as a whole.
Combatant Privilege vs. Criminal Responsibility for Organized Armed Groups
Editor’s Note: This article is part of the Armed Groups and International Law Symposium, building on the volume edited by Katharine Fortin and Ezequiel Heffes. During international…
What Happens After Supreme Court Rejects Trump’s Absolute Immunity: Mapping 3 Scenarios
Mapping different outcomes for the Court's decision on Trump's presidential immunity and the follow-on procedural pathways emerging from those scenarios.
Why No “Plain Statement Rule” Bars a President’s Prosecution for Murder
Drilling into the foundations of an idea - the 'plain statement rule' - discussed in Supreme Court oral argument on former President Trump's claims to presidential immunity.
History Shows the Supreme Court Knows How to Move Quickly, as it Should With the Trump Immunity Case
History shows the Supreme Court can come to a decision soon after oral arguments. It must do so on the question of presidential immunity.
Questions the Supreme Court Should Ask at Thursday’s Oral Argument on Presidential Immunity
"We suggest questions that Justices might ask the parties at oral argument, questions that can help clarify key issues at hand and force the parties to set out their reasoning."