immunity | Reason Archives (original) (raw)
Harris' Career As Prosecutor Left Her Totally Unprepared for a Fair Fight
Coercing defendants into plea deals is poor training for convincing people to vote for you.
Christian Britschgi | 11.6.2024 1:40 PM
Trump Is Not Thoughtful Enough To Be a Fascist
The Republican presidential candidate’s views do not reflect any unifying principle other than self-interest.
Jacob Sullum | 10.30.2024 12:01 AM
Special Counsel Jack Smith Files Revised Trump Indictment in Election Subversion Case
The revised indicment is intended to address the Supreme Court's presidential immunity ruling in Trump v. United States.
Ilya Somin |The Volokh Conspiracy | 8.28.2024 5:46 PM
A Revised Trump Indictment Tries To Overcome the 'Presumption' of Presidential Immunity
In charging the former president with illegal election interference, Special Counsel Jack Smith emphasizes the defendant's personal motivation and private means.
Jacob Sullum | 8.28.2024 4:05 PM
Thoughts on Biden's Proposed Supreme Court Reforms
The proposals include term limits for Supreme Court justices, a binding ethics code, and a constitutional amendment limiting the president's' immunity from prosecution. All 3 are potentially good ideas. But devil is in details.
Ilya Somin |The Volokh Conspiracy | 7.29.2024 2:58 PM
Biden to Propose Supreme Court Reforms
The proposals are likely to include term limits for Supreme Court justices, a binding ethics code, and a constitutional amendment limiting the president's and other officials' immunity from prosecution.
Ilya Somin |The Volokh Conspiracy | 7.17.2024 5:55 PM
Determined To Avoid Presidential Paralysis, SCOTUS Endorses Presidential Impunity
We need not conjure "extreme hypotheticals" to understand the danger posed by an "energetic executive" who feels free to flout the law.
Jacob Sullum | 7.10.2024 12:01 AM
Seattle University Webinar on the Presidential Immunity Decision
I was one of the participants, along with many other legal scholars.
Ilya Somin |The Volokh Conspiracy | 7.9.2024 1:56 PM
Why the Media Covered for Biden
Plus: A listener asks whether Bruce Springsteen's song Born in the U.S.A is actually patriotic.
Peter Suderman, Katherine Mangu-Ward, Nick Gillespie, and Elizabeth Nolan Brown | 7.8.2024 5:39 PM
Thoughts on the Trump Immunity Decision
The Supreme Court's flawed decision largely ignores text and original meaning, and fails to resolve crucial issues.
Ilya Somin |The Volokh Conspiracy | 7.3.2024 8:35 PM
Presidential Immunity As a Question of Executive Power
There is no textual basis for "immunity" as such, but there are structural reasons why some degree of insulation is inevitable.
Jonathan H. Adler |The Volokh Conspiracy | 7.3.2024 12:30 PM
Goldsmith on the Trump Immunity Decision
A thoughtful, sober take on Trump v. United States.
Jonathan H. Adler |The Volokh Conspiracy | 7.3.2024 12:08 PM
Supreme Court's Presidential Immunity Ruling Could Shield Outrageous Abuses of Power
By requiring "absolute" immunity for some "official acts" and "presumptive" immunity for others, the justices cast doubt on the viability of Donald Trump's election interference prosecution.
Jacob Sullum | 7.1.2024 2:55 PM
Robert Leider on Sources of Presidential Immunity
Will Baude |The Volokh Conspiracy | 4.30.2024 11:37 AM
School's Out
Plus: Campus echoes of Occupy Wall Street, Trump's presidential immunity claims, plans to undo the Fed's independence, and more...
Christian Britschgi | 4.26.2024 9:30 AM
SCOTUS Weighs the Risk of Presidential Timidity Against the Risk of Presidential Impunity
Most of the justices seem skeptical of granting Donald Trump complete immunity from criminal prosecution for "official acts."
Jacob Sullum | 4.25.2024 6:18 PM
The Alarming Implications of Trump's Immunity Claim
The Supreme Court will decide whether former presidents can avoid criminal prosecution by avoiding impeachment and removal.
Jacob Sullum | 4.24.2024 12:01 AM
What Should a Textualist Think about Trump's Claims of Presidential Immunity?
An interesting amicus brief urges the justices not to rely upon penumbras and emanations in construing the scope of Presidential immunity.
Jonathan H. Adler |The Volokh Conspiracy | 4.9.2024 8:10 AM
'15 Days To Slow the Spread': On the Fourth Anniversary, a Reminder to Never Give Politicians That Power Again
In the name of safety, politicians did many things that diminished our lives—without making us safer.
John Stossel | 3.20.2024 9:45 AM
4 Reasons Trump Says a Judge Should Dismiss Charges in the Classified Documents Case
His lawyers assert presidential immunity and discretion, criticize an "unconstitutionally vague" statute, and question the special counsel's legal status.
Jacob Sullum | 2.26.2024 3:55 PM
The D.C. Circuit Unanimously Rejects Trump's Audacious Presidential Immunity Claim
The appeals court says it "cannot accept that the office of the Presidency places its former occupants above the law for all time thereafter."
Jacob Sullum | 2.6.2024 4:55 PM
Accused of Dictatorial Ambitions, Trump Doubles Down on Authoritarianism
His understanding of effective leadership and policing should repel anyone who cares about civil liberties and the rule of law.
Jacob Sullum | 1.24.2024 12:01 AM
Republican Presidential Nomination
DeSantis Down and Out
Plus: Javier Milei’s powerful speech on economic prosperity in Davos
Matt Welch, Katherine Mangu-Ward, Nick Gillespie, and Peter Suderman | 1.22.2024 4:52 PM
Trump's Demand for 'Total' Presidential Immunity Reflects His Authoritarian Impulses
The former president argues that accountability is the enemy of effectiveness, both for cops and for politicians.
Jacob Sullum | 1.22.2024 10:35 AM
Bad Apples
Plus: Libertarian populism, library wars, Latin American soft power, and more...
Liz Wolfe | 1.19.2024 9:30 AM
How To Get Away With Murder (According to Trump's Lawyers)
Step 1: Become president. That's the hardest part.
Eric Boehm | 1.12.2024 1:00 PM
D.C. Circuit Seems Skeptical of Trump's Alarmingly Broad Presidential Immunity Claim
As one appeals court judge pointed out, Trump's defense could literally let a president get away with murder.
Jacob Sullum | 1.10.2024 3:15 PM
The D.C. Circuit Mulls Trump's Alarmingly Broad Claim of Presidential Immunity From Prosecution
His lawyers say no jury can ever consider charges based on his "official acts" as president, which include his efforts to reverse Joe Biden's election.
Jacob Sullum | 12.25.2023 2:25 PM
Presidential Immunity Does Not Bar Suits Against Trump for His Conduct on January 6
The U.S. Court of Appeals for the D.C. Circuit rejected the former President's attempt to claim presidential immunity covered his conduct on January 6.
Jonathan H. Adler |The Volokh Conspiracy | 12.10.2023 4:27 PM
Victory for Property Rights in Highly Technical Supreme Court Decision
An unusual coalition of liberal and conservative justices rules that property owners have right to use Quiet Title Act to contest federal intrusion on their land, even in some cases where the statute of limitations may have passed.
Ilya Somin |The Volokh Conspiracy | 3.28.2023 5:41 PM
The Deck Is Stacked Against Americans Who Try To Sue Government Officials
It's a threat to our fundamental rights, but courts refuse to change their approach.
Steven Greenhut | 2.24.2023 8:00 AM
West Virginia Family Court Judge with History of Arranging Warrantless Searches Resigns
We may have finally discovered a limit to judicial immunity.
J.D. Tuccille | 2.6.2023 7:00 AM
Lockdowns Had Little Impact on COVID-19
Data show Florida and New York had similar death numbers despite vastly different approaches.
John Stossel | 1.11.2023 12:00 PM
Drug Shortages? Ham-Handed Pandemic Interventions Deserve Much of the Blame
You can’t turn lives and economies off and on without inflicting lingering harm.
J.D. Tuccille | 12.7.2022 7:00 AM
SCOTUS Says You Can't Sue the Cops for Violating Your Miranda Rights
A 6–3 ruling undermines attempts to hold police accountable for misconduct.
Scott Shackford | 6.23.2022 1:40 PM
T-Cell Immunity Likely To Prevent Severe COVID-19 from Omicron Infections
Vaccination and prior infection induce a strong second line of immunological defense, finds South African study.
Ronald Bailey | 12.29.2021 3:30 PM
Eminent Domain Prevails Over Sovereign Immunity in Supreme Court Case Both Sides Deserved to Lose
The Court's ruling in PennEast allows the federal government to delegate the power of eminent domain to private firms seeking to condemn state-owned property.
Ilya Somin |The Volokh Conspiracy | 6.29.2021 4:20 PM