July 1, 2024

ACS Statement in Response to SCOTUS Decision in Trump v. United States

Nancy Rodriguez, media@acslaw.org

Washington, DC – The Supreme Court released its 6-3 decision in Trump v. United States, dramatically redefining the concept and breadth of presidential immunity and effectively ensuring that the former president will not face trial in federal court before the November election for his efforts to overturn the 2020 presidential election. The American Constitution Society released the following statement in response to the Court’s decision:

"Today, the conservative-captured Roberts Court made law what former President Nixon once infamously asserted – that when a President commits what would otherwise be a criminal act, it is not illegal. It is an assertion that was met at the time with horror and disgust and today’s decision is worthy of the same response. It defies reason that our courts cannot hold accountable Presidents, with the vast power that they wield, for their criminal abuse of that power. And yet, that is the conclusion that the Court’s reasoning would reach.

Analysis of the Court’s decision should also put Trump v. United States in the context of recent history to appreciate the extent to which the Court is fundamentally restructuring our government and society to suit its ideological preferences. In decisions like Trump, Loper Bright, Corner Post, Biden v. Nebraska, SEC v. Jarkesy, the Court has asserted that while the President can break the law with a type of immunity typically only enjoyed by kings and autocrats, the regulations his or her agencies promulgate can be overridden by an all-powerful Court who simply disagrees with the policies advanced, and Congress has little say on either account. This is not what the Constitution demands."


The American Constitution Society is a 501(c)3 non-profit, non-partisan legal organization. Through a diverse nationwide network of progressive lawyers, law students, judges, scholars, advocates, and many others, our mission is to support and advocate for laws and legal systems that redress the founding failures of our Constitution, strengthen our democratic legitimacy, uphold the rule of law, and realize the promise of equality for all, including people of color, women, LGBTQ+ people, people with disabilities, and other historically excluded communities. For more information, visit us at www.acslaw.org.