Trump v. United States
The Court held that presidential immunity from criminal prosecution presumptively extends to all of a president's official acts, with absolute immunity for official acts within exclusive presidential authority that Congress cannot regulate.· AI-written
144 S. Ct. 2312 · No. 23-939 · 2023 term · Roberts Court
Decided Jul 1, 2024 · argued Apr 25, 2024
Criminal procedure · Self-incrimination, immunity from prosecution
Landmark · Domestic
Majority opinion: John Roberts
The voteMajorityDissent
6–36 in the majority, 3 in dissent
3 dissents (6–3)
Vacated and remanded. Trump won.
What this ruling means
Vacated and remanded: the Supreme Court set aside the decision of the U.S. Court of Appeals, District of Columbia Circuit, wiping it out without necessarily saying the result was wrong, and sent the case back for that court to decide again under the right legal standard.
Trump was the petitioner, the side that asked the Supreme Court to review the case. “Won” means the Court gave that side the result it asked for.
From the Supreme Court Database. A justice who agreed with the result but not the reasoning counts in the majority.
Summary
The opening of the case’s Wikipedia article: what the case was about and what the Court held.
Trump v. United States, 603 U.S. 593 (2024), is a landmark decision of the Supreme Court of the United States holding that presidential immunity from criminal prosecution presumptively extends to all of a president's "official acts" – with absolute immunity for official acts within an exclusive presidential authority that Congress cannot regulate such as the pardon, command of the military, execution of laws, or control of the executive branch. Trump is a federal case that was ultimately dismissed by federal district court judge Tanya Chutkan, following Trump's 2024 election. Trump's counsel filed a motion to dismiss the case, citing the Department of Justice's policy not to prosecute sitting presidents. This case would have determined whether then-president Donald Trump and others engaged in election interference during the 2020 election, including events during the January 6, 2021, attack on the U.S. Capitol. It is the first time a case concerning criminal prosecution for alleged official acts of a president was brought before the Supreme Court.
On July 1, 2024, the Court ruled in a 6–3 decision that presidents have absolute immunity for acts committed as president within their core constitutional purview, at least presumptive immunity for official acts within the outer perimeter of their official responsibility, and no immunity for unofficial acts. The court declined to rule on the scope of immunity for some acts alleged of Trump in his indictment, instead vacating the appellate decision and remanding the case to the district court for further proceedings.
The decision was widely criticized as anti-democratic by legal experts and historians, as well as Democratic politicians, some of whom introduced constitutional amendments to undo the ruling. In a scathing dissent calling the majority's reasoning "utterly indefensible", Justice Sonia Sotomayor wrote that "The relationship between the President and the people he serves has shifted irrevocably. In every use of official power, the President is now a king above the law."
Data notes
The text is Wikipedia’s (CC BY-SA 4.0), matched to the case by its citation, docket number or name and year, and is not checked against the opinion. The site keeps the article’s opening section, ending on its last full sentence. The one-sentence summary under the title is the Decisions list’s: Wikipedia’s own ruling sentence, or, tagged “AI-written”, one Claude wrote from this opening.
How the justices voted
Each justice who took part, placed by their Martin–Quinn ideology score for the 2023 term. Filled: the 6 in the majority. Hollow: the 3 in dissent. Colour is the party of the president who appointed them.
Majority(6)
John RobertsWrote the majority opinion
Amy BarrettWrote a concurrence
Clarence ThomasWrote a concurrence
Brett KavanaughJoined the majority
Neil GorsuchJoined the majority
Samuel AlitoJoined the majority
Dissent(3)
Sonia SotomayorWrote a dissent
Ketanji JacksonWrote a dissent
Elena KaganJoined a dissent
Data notes
Each justice’s vote and what they wrote are from the justice-centered file of the Supreme Court Database. “Wrote a concurrence” means the justice sided with the majority and wrote separately; a justice who dissented in part is counted on the side they took overall. A justice who wrote nothing is listed as joining their side.
Positions are each justice’s Martin–Quinn score for the case’s term, the same scores as the Ideology page: negative is more liberal, positive more conservative. A score sums up a justice’s votes across the whole term, so it says where they usually sit, not why they voted as they did here. The median line is the Court’s median justice that term.
The parties
Who brought the case to the Court, who answered it, and how it got there.
- Petitioner
- TrumpPerson accused, indicted, or suspected of crime
- Respondent
- United StatesUnited States
- Reached the Court by
- Certiorari (the Court chose to hear it)
Data notes
The names are the two sides of the case’s title. The description under each is the Supreme Court Database’s category for that party, in its own wording. The petitioner is the side that asked the Supreme Court to review the decision below. “Why it was taken” appears only when the majority opinion says lower courts disagreed or were unsure about the question; reasons that would fit any case (“to resolve the question presented”, “an important question”) are left out.
The law at issue
The law the Court was asked to apply, and the kind of power it used to decide.
- Provision
- Article II, Section 1 (executive power)
- Kind of law
- Constitution
- Decided by
- Judicial review (national level)
Data notes
The Supreme Court Database codes the main constitutional provision, statute or court rule each case turned on, and the basis of the decision: judicial review of a federal or state law, interpreting a statute, supervising the lower courts, and so on. A case can rest on more than one. “Overruled” counts only where the majority opinion says so.
Timeline
What happened at the Court and how the case got there, newest first.
- Jul 1, 2024DecidedDecided · Decided 6–3: vacated and remanded. Trump won.
- Apr 25, 2024ArguedArgued · Oral argument before the Court.
- Not datedTaken upTaken up · The Supreme Court agreed to hear the case (certiorari).
- Not datedCourt belowCourt below · Decided by the U.S. Court of Appeals, District of Columbia Circuit: affirmed.
- Not datedBeganBegan · The case began in the District Of Columbia U.S. District Court.
Data notes
From the Supreme Court Database: the court the case began in, the court whose decision the Supreme Court reviewed and what that court did, how the case came to the Court, and the dates of argument and decision. The database does not date the steps in the lower courts. Court names are the database’s.
Other decisions on the same issue
26 other argued cases since 1946 on self-incrimination, immunity from prosecution, newest first.
- Turkiye Halk Bankasi A.S. v. United States598 U.S. 264Apr 19, 2023 · 598 U.S. 264Criminal procedure9–0Unanimous band
- United States v. Aloyzas Balsys524 U.S. 666Jun 25, 1998 · 524 U.S. 666Criminal procedure7–27–2 band
- Pillsbury Co. et al. v. Conboy459 U.S. 248Jan 11, 1983 · 459 U.S. 248Criminal procedure7–27–2 band
- United States v. Apfelbaum445 U.S. 115Mar 3, 1980 · 445 U.S. 115Criminal procedure9–0Unanimous band
- New Jersey v. Portash440 U.S. 450Mar 20, 1979 · 440 U.S. 450Criminal procedure7–27–2 band
- Lefkowitz, Attorney General of New York v. Cunningham et al.431 U.S. 801Jun 13, 1977 · 431 U.S. 801Criminal procedure7–18–1 band
- Lefkowitz, Attorney General of New York, et al. v. Turley et al.414 U.S. 70Nov 19, 1973 · 414 U.S. 70Criminal procedure9–0Unanimous band
- Sarno et al. v. Illinois Crime Investigating Commission406 U.S. 482May 22, 1972 · 406 U.S. 482Criminal procedure5–27–2 band
- Zicarelli v. New Jersey State Commission of Investigation406 U.S. 472May 22, 1972 · 406 U.S. 472Criminal procedure5–27–2 band
- Kastigar et al. v. United States406 U.S. 441May 22, 1972 · 406 U.S. 441Criminal procedure5–27–2 band
- Piccirillo v. New York400 U.S. 548Jan 25, 1971 · 400 U.S. 548Criminal procedure5–45–4 band
- George Campbell Painting Corp. v. Reid et al., Members of New York City Housing Authority, et al.392 U.S. 286Jun 10, 1968 · 392 U.S. 286Criminal procedure7–27–2 band
- Uniformed Sanitation Men Assn., Inc., et al. v. Commissioner of Sanitation of the City of New York et al.392 U.S. 280Jun 10, 1968 · 392 U.S. 280Criminal procedure9–0Unanimous band
- Gardner v. Broderick, Police Commissioner of the City of New York, et al.392 U.S. 273Jun 10, 1968 · 392 U.S. 273Criminal procedure9–0Unanimous band
- Stevens v. Marks, New York Supreme Court Justice383 U.S. 234Feb 28, 1966 · 383 U.S. 234Criminal procedure7–27–2 band
- Murphy et al. v. Waterfront Commission of New York Harbor378 U.S. 52Jun 15, 1964 · 378 U.S. 52Criminal procedure9–0Unanimous band
- United States v. Welden377 U.S. 95Apr 20, 1964 · 377 U.S. 95Criminal procedure7–27–2 band
- Lanza v. New York370 U.S. 139Jun 4, 1962 · 370 U.S. 139Criminal procedure7–0Unanimous band
- Piemonte v. United States367 U.S. 556Jun 19, 1961 · 367 U.S. 556Criminal procedure6–36–3 band
- Reina v. United States364 U.S. 507Dec 9, 1960 · 364 U.S. 507Criminal procedure7–27–2 band
- Mills et al. v. Louisiana360 U.S. 230Jun 8, 1959 · 360 U.S. 230Criminal procedure6–36–3 band
- Ullmann v. United States350 U.S. 422Mar 26, 1956 · 350 U.S. 422Criminal procedure7–27–2 band
- Adams v. Maryland347 U.S. 179Mar 8, 1954 · 347 U.S. 179Criminal procedure9–0Unanimous band
- Smith v. United States337 U.S. 137May 31, 1949 · 337 U.S. 137Criminal procedure9–0Unanimous band
- United States v. Hoffman335 U.S. 77Jun 21, 1948 · 335 U.S. 77Criminal procedure5–45–4 band
- Shapiro v. United States335 U.S. 1Jun 21, 1948 · 335 U.S. 1Criminal procedure5–45–4 band
Data notes
Every other orally argued case with a clear vote, from the 1946 term on, that the Supreme Court Database files under the same issue as this one. The database gives each case one issue from a list of about 270 (abortion, search and seizure of vehicles, the death penalty, and so on), whatever law it turned on.
Official record
Read the argument audio on Oyez and Wikipedia. Case data from the Supreme Court Database, Version 2026 Release 01, through the 2025 term.