The Supreme Court is poised to issue its decision on presidential immunity as soon as this week, with the potential to reshape the powers of the nation’s highest office and hurl the 2024 presidential election into uncharted territory.
At the heart of former President Trump’s challenge — stemming from federal charges he faces for efforts to subvert the 2020 election — is whether an ex-commander in chief has criminal immunity for official acts carried out while in the White House.
As the justices weigh the extent of that protection, here are five things to watch for when the imminent decision is handed down.
How far does presidential immunity go?
Nearly diametric versions of presidential immunity were presented by Trump’s attorneys and special counsel Jack Smith’s team during arguments this spring, giving the justices significant latitude to decide the issue.