No. 23-939October Term 2023Decided July 1, 2024Updated Sep 19, 2026
Trump v. United States
Case status
Where it stands
The Court set three levels of protection—absolute for core constitutional powers, at least presumptive for other official acts, and none for unofficial acts—then wiped out the D.C. Circuit's judgment (vacated) and sent the case back to the lower court (remanded).
Decided 6-3 · July 1, 2024 · Opinion by Justice Barrett
Read the opinion (PDF)What it's about
The Supreme Court ruled that former presidents have broad immunity from criminal prosecution for official acts taken while in office. The Court held that presidents have absolute immunity for actions within their core constitutional powers and presumptive immunity for other official acts.
Question presented
Does a former president enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office, and if so, to what extent?
What the Court decided
Holding
Under our constitutional structure of separated powers, the nature of Presidential power entitles a former President to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority. And he is entitled to at least presumptive immunity from prosecution for all his official acts. There is no immunity for unofficial acts. 91 F. 4th 1173, vacated and remanded.
- Result
- Vacated
Vote
- Vote split
- 6-3
- Majority author
- Amy Coney Barrett
- Barrett, with the majority, wrote the opinion
- Gorsuch, with the majority
- Sotomayor, dissenting, wrote the opinion
- Thomas, with the majority, wrote the opinion
- Roberts, with the majority, wrote the opinion
- Alito, with the majority
- Kagan, dissenting
- Kavanaugh, with the majority
- Jackson, dissenting, wrote the opinion
- Majority
- Dissent
From the opinions
“Today’s decision to grant former Presidents criminal immunity reshapes the institution of the Presidency.”
What's next
After wiping out the D.C. Circuit's judgment (vacated) and sending the case back to the lower court (remanded), the lower court will apply the immunity rules to the alleged conduct. The case-specific classification of each act and the ultimate outcome remain unresolved.
Why it matters
The ruling gives lower courts three rules to apply: absolute protection for core constitutional powers, at least presumptive protection for other official acts, and no protection for unofficial acts. Because the Supreme Court wiped out the D.C. Circuit's judgment (vacated) and sent the case back to the lower court (remanded), the lower court must apply those rules to the alleged conduct.
The case is a major dispute over separation of powers (the Constitution's division of government authority) and criminal accountability after a president leaves office.
Case file
- Docket
- 23-939
- Status
- Decided
- Argued
- Decided
- From
- United States Court of Appeals for the District of Columbia Circuit
- Issue
- Constitutional Law
- Documents
- 3
- Vote
- 6-3
Documents
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Brief added: Questions Presented
More questions
- What did the Supreme Court decide in Trump v. United States?
- It ruled that former presidents have absolute immunity for core constitutional powers, presumptive immunity for other official acts, and no immunity for unofficial acts. It also wiped out the D.C. Circuit's judgment (vacated) and sent the case back to the lower court (remanded).
- How much immunity does a former president have for official acts?
- A former president has absolute immunity for actions within core constitutional powers. Other official acts receive at least presumptive immunity, while unofficial acts receive none.
- What remains unresolved in Trump v. United States?
- The lower court still must classify the alleged conduct as official or unofficial and apply the appropriate immunity rule. The Court's decision sent the case back (remanded), leaving that case-specific work unresolved.
- What happens next in Trump's case?
- The lower court will apply the Supreme Court's immunity framework to the alleged conduct. The judgment was wiped out (vacated), and the case was sent back (remanded).
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.