Supreme Court, Establishing Presidential Criminal Immunity, Makes History
"[T]he President cannot be prosecuted for conduct within his exclusive constitutional authority," Chief Justice John Roberts Jr. wrote for the majority.
July 02, 2024 at 06:45 AM
6 minute read
Welcome to Supreme Court Brief, my column breaking down the top news from the nation's highest court. My name is Jimmy Hoover. I have been covering the Supreme Court for the National Law Journal and Law.com since April 2023. Thanks for reading. If you'd like to get in touch, you can reach me at [email protected]. Follow me on X: @JimmyHooverDC.
The Supreme Court handed down its final rulings of the October 2023 term, cementing this year as a historic one in the annals of constitutional and administrative law. Justice Amy Coney Barrett announced the first decision Monday in Corner Post Inc. v. Board of Governors of the Federal Reserve System, which as she joked from the bench, was not the opinion most gathered in the courtroom that day were eager to hear. The decision nevertheless adds to what has already been an historic one for the world of administrative law in light of Friday's decision overruling 40 years of "Chevron deference" to federal agencies during rulemaking challenges.
If that ruling, Loper Bright Enterprises v. Raimondo, makes it easier to prevail in such regulatory challenges, the court's Corner Post decision Monday makes it easier to bring such regulatory challenges in the first place. In particular, Justice Barrett wrote in a decision for the court's conservative majority that the six-year deadline to challenge a rule under the Administrative Procedure Act only begins when a plaintiff has been injured by the rule in question.
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