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

Judgment Issued.

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.

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

Brief amicus curiae of Professor Martin S. Lederman 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 amici curiae of Scholars of the Founding Era 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)

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

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

Brief amicus curiae of Jeremy Bates filed. (Distributed)

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

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

Brief of respondent United States filed. (Distributed)

Brief amicus curiae of Puerto Rico House of Representatives 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 amici curiae of Alabama and 17 Other States filed.

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

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

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

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

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

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

Brief amici curiae of Three Former Senior Military Officers and Executive Branch Officials 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 United States Justice Foundation, et al. filed.

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

Brief amici curiae of Ohio, et al. filed.

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

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

Brief amicus curiae of Condemned USA filed.

Joint appendix filed. (Statement of costs filed)

Brief of petitioner Donald J. Trump filed.

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

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

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.

Petition GRANTED.

Application (23A745) referred to the Court.

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.

Reply of applicant Donald J. Trump filed.

Brief amicus curiae of David Boyle filed.

Brief amicus curiae of Protect Democracy Project filed.

Response to application from respondent United States filed.

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

Brief amicus curiae of Constitutional Law Scholars filed.

Brief amicus curiae of Jon 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.