TBA Law Blog


Posted by: Liz Slagle Todaro on Jul 1, 2024

On the final day of its term, the U.S. Supreme Court today announced the three remaining opinions in cases argued during the 2023 - 2024 term. In Trump v. United States, the court held that a former president has immunity from criminal prosecution for “official acts” but not “unofficial acts,” sending the case back to the lower court to determine the application of this principle to facts in the case. “The parties before us do not dispute that a former President can be subject to criminal prosecution for unofficial acts committed while in office,” Chief Justice John Roberts wrote for the 6-3 majority. “They also agree that some of the conduct described in the indictment includes actions taken by [President] Trump in his unofficial capacity.” The Tennessean and SCOTUSblog have more on the historic decision.

Today's other opinions include Corner Post, Inc. v. Board of Governors, where the court affords companies more time to challenge many regulations, rejecting the argument that the statute of limitations to file a lawsuit runs from when a regulation is issued and finding instead that begins when a regulation first affects a company, according to Reuters. The case was one of several this term challenging the power of executive agencies, and the ruling could amplify the effect of last week's decision to overturn the Chevron doctrine, according to the New York Times.

Finally, the court kept on hold efforts by Texas and Florida to limit how social media platforms regulate content posted by their users in a ruling that strongly defended the platforms’ free speech rights, reports AP. The court unanimously agreed to return the cases to lower courts for analysis. Writing for the court, Justice Elena Kagan said the platforms, like newspapers, deserve protection from government intrusion in determining what to include or exclude from their space. “The principle does not change because the curated compilation has gone from the physical to the virtual world,” Kagan wrote in an opinion signed by five justices.