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The Path Not Taken in Trump’s Immunity Case

The US Supreme Court has now ruled that the Constitution entitles former President Donald Trump to "presumptive immunity" from criminal prosecution for actions related to his effort to overturn the November 2020 election. There was no reason to go that far – as one conservative justice rightly saw.

NEW HAVEN – Both Chief Justice John Roberts and Justice Sonia Sotomayor of the United States Supreme Court have just announced grand opinions trying to resolve the fundamental constitutional issues raised by former President Donald Trump’s claim to absolute immunity from criminal prosecution for his actions while in office. So far as the Roberts majority is concerned, the Constitution grants presidents a “presumptive immunity” for actions involving their “official conduct.”