Judgment Issued. (Rev. 8/5/24)

Judgment VACATED and case REMANDED. Roberts, C. J., delivered the <a href = 'https://www.supremecourt.gov/opinions/23pdf/23-939_e2pg.pdf'>opinion</a> of the Court, in which Thomas, Alito, Gorsuch, and Kavanaugh, JJ., joined in full, and in which Barrett, J., joined except as to Part III-C. Thomas, J., filed a concurring opinion. Barrett, J., filed an opinion concurring in part. Sotomayor, J., filed a dissenting opinion, in which Kagan and Jackson, JJ., joined. Jackson, J., filed a dissenting opinion.

Argued. For petitioner: D. John Sauer, St. Louis, Mo. For respondent: Michael R. Dreeben, Counselor to the Special Counsel, Department of Justice, Washington, D. C.

Amicus brief of Thomas Ogden not accepted for filing. (April 16, 2024)

Reply of petitioner Donald J. Trump filed. (Distributed)

Brief amici curiae of Scholars of Constitutional Law filed. (Distributed)

Brief amici curiae of Former Government Officials and Constitutional Lawyers filed. (Distributed)

Brief amici curiae of Retired Four-Star Admirals and Generals, and Former Secretaries of the U.S. Army, Navy, and Air Force filed. (Distributed)

Amicus brief of Common Cause not accepted for filing. (April 10, 2024)

Brief of respondent United States filed. (Distributed)

Brief amicus curiae of Leadership Now Project filed. (Distributed)

Brief amicus curiae of Citizens for Responsibility and Ethics in Washington filed. (Distributed)

Brief amicus curiae of Jeremy Bates filed. (Distributed)

Brief amici curiae of Scholars of the Founding Era filed. (Distributed)

Brief amicus curiae of Professor Martin S. Lederman filed. (Distributed)

Brief amicus curiae of Puerto Rico House of Representatives filed. (Distributed)

Brief amici curiae of ACLU, et al. filed. (Distributed)

Brief amici curiae of Claire Finkelstein and Fourteen Other National Security Professionals filed. (Distributed)

Brief amici curiae of Stephen R. McAllister and Scott Paul filed. (Distributed)

Brief amicus curiae of Public Citizen filed. (Distributed)

Brief amicus curiae of Common Cause filed. (Distributed)

Brief amicus curiae of G. Antaeus B. Edelsohn filed. (Distributed)

Brief amici curiae of John Danforth, et al. filed. (Distributed)

Any motion pertaining to the oral argument in this case shall be filed on or before Monday, April 8, 2024.

CIRCULATED

Brief amicus curiae of Citizens Equal Rights Foundation in support of neither party filed. (Distributed)

Brief amici curiae of U.S. Senator Roger Marshall, et al. filed.

Brief amicus curiae of Christian Family Coalition (CFC) Florida, Inc., a Florida not-for-profit Corporation filed.

Brief amicus curiae of David Boyle in support of neither party filed. (Distributed)

Brief amici curiae of Former Attorneys General Edwin Meese III and Michael B. Mukasey; Law Professors Steven Calabresi and Gary Lawson; and Citizens United filed.

Brief amici curiae of America's Future, et al. filed.

Brief amici curiae of Alabama and 17 Other States filed.

Brief amicus curiae of Former White House Chief of Staff Mark R. Meadows in support of neither party filed.

Brief of petitioner Donald J. Trump filed.

Joint appendix filed. (Statement of costs filed)

Brief amicus curiae of Condemned USA filed.

Brief amici curiae of Coolidge Reagan Foundation, et al. filed.

Brief amicus curiae of Senator Steve Daines and National Republican Senatorial Committee filed.

Brief amici curiae of Ohio, et al. filed.

Brief amicus curiae of The American Center for Law and Justice filed.

Brief amici curiae of United States Justice Foundation, et al. filed.

Brief amici curiae of Former United States Attorney General John D. Ashcroft, et al. in support of neither party filed.

Brief amici curiae of Three Former Senior Military Officers and Executive Branch Officials filed.

Brief amici curiae of Gavin M. Wax, et al. filed.

Brief amici curiae of Kansas Republican Party and 17 Other State and Territorial Republican Parties filed.

Brief amicus curiae of Guardian Defense Fund, Inc. in support of neither party filed. (Distributed)

Brief amicus curiae of Matthew D. Wilson filed.

SET FOR ARGUMENT on Thursday, April 25, 2024.

Record received from the United States District Court for the District of Columbia. The record is electronic and is available on PACER.

Record received electronically from the United States Court of Appeals for the District of Columbia Circuit and available with the Clerk.

Record requested from the United States Court of Appeals for the District of Columbia Circuit.

The application for a stay presented to The Chief Justice is referred by him to the Court. The Special Counsel’s request to treat the stay application as a petition for a writ of certiorari s granted (23-939), and that petition is granted limited to the following question: Whether and if so to what extent does a former President enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office. Without expressing a view on the merits, this Court directs the Court of Appeals to continue withholding issuance of the mandate until the sending down of the judgment of this Court. The application for stay is dismissed as moot. The case will be set for oral argument during the week of April 22, 2024. Petitioner’s brief on the merits, and any amicus curiae briefs in support or in support of neither party, are to be filed on or before Tuesday, March 19, 2024. Respondent’s brief on the merits, and any amicus curiae briefs in support, are to be filed on or before Monday, April 8, 2024. The reply brief, if any, is to be filed on or before 5 p.m., Monday, April 15, 2024.

Application (23A745) referred to the Court.

Petition GRANTED.

Brief amicus curiae of Former Attorney General Edwin Meese III, Law Professors Steven Calabresi and Gary Lawson, and Citizens United filed.

Brief amicus curiae of Jeremy Bates filed.

Brief amicus curiae of Christian Family Coalition filed.

Brief amicus curiae of Alabama and 21 Other States filed.

Brief amicus curiae of David Boyle filed.

Reply of applicant Donald J. Trump filed.

Brief amicus curiae of Protect Democracy Project filed.

Response to application from respondent United States filed.

Brief amicus curiae of Constitutional Law Scholars filed.

Brief amicus curiae of John Danforth, J. Michael Luttig, Carter Phillips, Peter Keisler, Larry Thompson, Stuart Gerson, et al. filed.

Response to application (23A745) requested by The Chief Justice, due February 20, 2024, by 4pm (EST).

Petition for a writ of certiorari filed.

Application (23A745) for a stay, submitted to The Chief Justice.

Donald J. Trump, Petitioner, represented by D. John Sauer

Donald J. Trump, Petitioner, represented by William Owen Scharf

United States, Respondent, represented by Michael R. Dreeben

Alabama and 17 Other States, Amicus Curiae, represented by Edmund Gerard LaCour Jr.

AMERICAN CIVIL LIBERTIES UNION AND THE AMERICAN CIVIL LIBERTIES UNION OF THE DISTRICT OF COLUMBIA, Amicus Curiae, represented by David D. Cole

America's Future, Judicial Action Group, Gun Owners of America, Gun Owners Fdn., Gun Owners of Calif., Tenn. Firearms Assoc., Tenn. Firearms Fdn., U.S. Constitutional Rights Legal Def. Fund, and Conservative Legal Def. and Ed. Fund, Amicus Curiae, represented by William Jeffrey Olson

Christian Family Coalition (CFC) Florida, Inc., a Florida not-for-profit Corporation, Amicus Curiae, represented by Dennis Grossman

Citizens Equal Rights Foundation, Amicus Curiae, represented by Lawrence A. Kogan

Citizens for Responsibility and Ethics in Washington, Amicus Curiae, represented by Jonathan Edward Maier

CLAIRE FINKELSTEIN AND FOURTEEN NATIONAL SECURITY PROFESSIONALS, Amicus Curiae, represented by Richard William Painter

Common Cause, Amicus Curiae, represented by Gregory L. Diskant

Condemned USA, Amicus Curiae, represented by George T. Pallas

Coolidge Reagan Foundation and Shaun McCutcheon, Amicus Curiae, represented by Dan Backer

David Boyle, Amicus Curiae, represented by David Christopher Boyle

Former Attorneys General Edwin Meese III and Michael B. Mukasey; Law Professors Steven Calabresi and Gary Lawson; and Citizens United, Amicus Curiae, represented by Gene Clayton Schaerr

Former Government Officials and Constitutional Lawyers, Amicus Curiae, represented by Seth P. Waxman

Former United States Attorney General John D. Ashcroft and Constitutional Coalition, Amicus Curiae, represented by Mark Fernlund Hearne II

Former White House Chief of Staff Mark R. Meadows, Amicus Curiae, represented by George J. Terwilliger III

G. Antaeus B. Edelsohn, Amicus Curiae, represented by Joan Deborah Bolinsky Edelsohn

Gavin M. Wax, New York Young Republican Club Inc., National Constitutional Law Union Inc., and Paul Ingrassia, Amicus Curiae, represented by Edward Andrew Paltzik

Guardian Defense Fund, Inc., Amicus Curiae, represented by Allen James Shoff

Guardian Defense Fund, Inc., Amicus Curiae, represented by George Robinson Wentz Jr.

Jeremy Bates, Amicus Curiae, represented by Jeremy Charles Bates

John Danforth, et al., Amicus Curiae, represented by Richard Douglas Bernstein

Kansas Republican Party and 17 Other State and Territorial Republican Parties, Amicus Curiae, represented by Craig Lee Uhrich

Leadership Now Project, Amicus Curiae, represented by P. Benjamin DeWitt Duke

Matthew D. Wilson, Amicus Curiae, represented by Matthew Daniel Wilson

National Republican Senatorial Committee and Senator Steve Daines, Amicus Curiae, represented by Jonathan Philip Lienhard

Professor Martin S. Lederman, Amicus Curiae, represented by Martin Seth Lederman

Public Citizen, Amicus Curiae, represented by Scott Lawrence Nelson

Puerto Rico House of Representatives, Amicus Curiae, represented by Jorge Martinez-Luciano

Retired Four-Star Admirals and Generals, and Former Secretaries of the U.S. Army, Navy, and Air Force, Amicus Curiae, represented by Kathleen Roberta Hartnett

Scholars of Constitutional Law, Amicus Curiae, represented by Brianne Jenna Gorod

Scholars of the Founding Era, Amicus Curiae, represented by Lawrence Saul Robbins

States of Ohio, Alaska, and Wyoming, Amicus Curiae, represented by David Anthony Yost

Stephen R. McAllister and Scott Paul, Amicus Curiae, represented by Erik S. Jaffe

The American Center for Law and Justice, Amicus Curiae, represented by Jay Alan Sekulow

Thomas Ogden, Amicus Curiae, represented by Thomas Fuller Ogden

Three Former Senior Military Officers and Executive Branch Officials, Amicus Curiae, represented by H. Christopher Bartolomucci

United States Justice Foundation & Policy Issues Institute, Inc., Amicus Curiae, represented by Chad Dustin Morgan

U.S. Senator Roger Marshall and Twenty-Six Other Members of Congress, Amicus Curiae, represented by Judd Edward Stone II