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presidential immunity to social media and ballot disqualification.
The presidential election combined with rising administrative law disputes helped tee up controversies that put the court and its decisions in the spotlight. Legal precedent flowing from those decisions created rippling effects for other cases and how entire branches of government are expected to make decisions.
Here are several of the biggest cases this term.
Presidential Immunity (Trump v. United States)
One of the most politically controversial cases this term stemmed from President-elect Donald Trump’s now-dismissed election interference case in Washington. In Trump v. United States, Trump appealed the case with the argument that under the Constitution, presidents should enjoy immunity from criminal prosecution.
It was the first major Supreme Court precedent establishing presidential immunity since 1982 in Nixon v. Fitzgerald, wherein the court held that presidents enjoy immunity from civil liability for actions taken within the outer perimeter of his duties.
By taking up the case earlier this year, the Supreme Court created a lengthy delay for the pre-trial process and the case was eventually dismissed because of Trump’s election win. The court’s decision set a major historical precedent by outlining the contours of criminal immunity. For unofficial acts, presidents are not immune, while for official acts, presidents enjoy certain levels of immunity, according to the decision.
While courts should base their distinctions on what a president’s discretionary authority entails, some conduct could qualify “even when not obviously connected to a particular constitutional or statutory provision.”
Trump has attempted to apply that decision to his other criminal cases, including one still playing out in New York. For example, Trump argued in New York that prosecutors improperly used evidence, including testimony, that was prohibited under the immunity decision.
Ballot Disqualification (Trump v. Anderson)
Before the immunity ruling in June, Trump prompted another historic ruling from the high court in March. In Trump v. Anderson, the court wrestled with how to interpret a provision of the 14th Amendment that disqualifies insurrectionists from serving in certain government offices. The legal debate surrounding the topic was extensive with multiple critical points on which the court could base its decision.
Some argued that Trump, as a former president, wasn’t the type of “officer of the United States” who was subject to disqualification under Section 3 of the 14th Amendment. Others disagreed with the Colorado Supreme Court’s decision that Trump had engaged in insurrection—on Jan. 6, 2021—as covered by that section.
Like the immunity decision, the decision in Trump v. Anderson also revealed divisions in the court. The court’s decision was 9–0 but justices produced separate concurrences that raised speculation that Justice Sonia Sotomayor might have initially intended to dissent.
Jan. 6 Obstruction Charge (Fischer v. United States)
Another high-profile case arose from Jan. 6 defendants challenging the Department of Justice’s (DOJ) application of a financial reform law in their prosecutions.
The DOJ had charged some defendants with violating the Sarbanes-Oxley Act of 2002, which contains provisions related to document destruction and obstructing an official proceeding.
The section in question reads: “Whoever corruptly—alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.”
The DOJ had argued that the second portion, starting with “or otherwise obstructs” allowed prosecutions that targeted obstructive conduct in a catch-all way that included methods other than those mentioned at the beginning of the section.
“To prove a violation of §1512(c)(2), the Government must establish that the defendant impaired the availability or integrity for use in an official proceeding of records, documents, objects, or other things used in an official proceeding, or attempted to do so.”
It’s unclear how Trump and his DOJ will apply the Fischer decision to the defendants’ unique circumstances. Sarbanes-Oxley carries a 20-year maximum sentence.
The DOJ said that after Fischer, the government “decided to forgo the Section 1512(c)(2) charge for approximately 96 defendants, will continue to pursue the charge for approximately 13 defendants, and continues to assess the remaining defendants.”
Chevron Deference Overruled (Loper Bright Enterprises v. Raimondo)
For decades, the U.S. court system had a major administrative law doctrine on the books that was cited more than 18,000 times by federal courts and was “unquestionably one of the foundational decisions in administrative law,” according to the Congressional Research Service.
Known as “Chevron Deference,” the doctrine required judges to defer to agencies’ reasonable interpretations of Congress’s laws when judging whether regulations were legal. That case and a pair of others in the 2023–2024 term seemed to position the court for a year of paring back administrative power while empowering the judiciary.
Free Speech on Social Media (Netchoice v. Paxton)
Multiple cases this term had the court wrestling with how to apply the Constitution to social media, which many use as a tool for self-expression. States have also attempted to reckon with the technology and in 2021, Florida and Texas passed laws aimed at regulating platforms’ content moderation.
In February, the court heard oral arguments over those laws in the cases Netchoice v. Paxton and Moody v. Netchoice.
Kagan said that social media companies’ ability to present curated content was protected speech and that Texas “cannot prohibit speech to improve or better balance the speech market.”
“On the spectrum of dangers to free expression, there are few greater than allowing the government to change the speech of private actors in order to achieve its own conception of speech nirvana,” she said.
Gun Rights (US v. Rahimi)
In June, the court rejected the idea that a federal law was unconstitutional because it prohibited firearm ownership among individuals subject to domestic violence restraining orders.
That decision has been controversial for how it furthered a legal doctrine known as originalism, which generally uses statements and actions during the founding era to guide present-day constitutional interpretation.
The U.S. Court of Appeals for the Fifth Circuit used Bruen to hold that the federal law in question was unconstitutional. That decision ended up at the Supreme Court in November, when the justices heard oral argument in U.S. v. Rahimi.
Justice Clarence Thomas, who wrote the majority opinion in Bruen, was the sole dissent in the court’s eventual opinion. He disagreed with the Rahimi majority’s conclusion that the Constitution allowed the law. “Not a single historical regulation justifies the statute at issue,” he said.
The majority suggested that Thomas interpreted Bruen too narrowly and required a historical “twin” to justify the law in question. Barrett similarly said that “imposing a test that demands overly specific analogues has serious problems.”