Good afternoon from Capitol Hill. On Monday, the Supreme Court delivered its ruling in Trump v United States, regarding presidential immunity. By a vote of 6 to 3, the Court, in an opinion by Chief Justice Roberts, held that former presidents can never be prosecuted for actions relating to the core powers of their office. More broadly, the Court also found that...
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It requires the plaintiff suing for a constitutional violation, to prove not only that a constitutional right had been violated, but that right had been “clearly established” at the time of the violation. And that second piece of the puzzle turns out to be particularly, as courts have interpreted the requirement of “clearly established,” to be a significant hurdle...