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Nixon v. Fitzgerald , 457 U.S. 731 (1982), was a United States Supreme Court decision written by Justice Lewis Powell dealing with presidential immunity from civil liability for actions taken while in office.
This resulted in the collateral appeal Nixon v. Fitzgerald (1982), in which the U.S. Supreme Court ruled that a former or current president was absolutely immune from suit regarding acts within the "outer perimeter" of his duties, citing the president's "unique status under the Constitution". A four-justice dissent objected to a scope that ...
In 1982, the Supreme Court held in Nixon v. Fitzgerald that the president enjoys absolute immunity from civil litigation for official acts undertaken while in office. [ 11 ] The Court suggested that this immunity was broad (though not limitless), applying to acts within the "outer perimeter" of the president's official duties. [ 11 ]
Nixon v Fitzgerald Mr Trump’s team heavily relies on the Nixon v Fitzgerald case , where the Supreme Court ruled that presidents cannot be sued for actions they conducted while in office.
Trump's team cites Nixon v. Fitzgerald, a 1982 case in which the Supreme Court held by a 5-4 vote that former presidents cannot be sued in civil cases for their actions while in office.
Fitzgerald filed a civil lawsuit against Nixon and other government officials. Nixon contended that as president he enjoyed immunity for actions he took while in office. The trial court and the appellate court rejected Nixon's claim. [6] Nixon appealed to the United States Supreme Court, which ruled in Nixon v.
Editor’s Note: Norman Eisen, who served as counsel to House Democrats in the first Trump impeachment and as White House ethics czar in the Obama administration, is a senior fellow at Brookings.
Fitzgerald to support Trump's argument, while Smith attorneys cited United States v. Nixon, the 1974 unanimous Supreme Court decision rejecting Nixon's claim of "absolute, unqualified Presidential privilege of immunity from judicial process under all circumstances." Smith attorneys argued the Fitzgerald precedent, which found presidents enjoy ...