Immunity | Judiciary.org

Supreme Court

Trump taps lawyer who argued his immunity case for solicitor general

President-elect Donald Trump announced on Thursday that he intends to nominate D. John Sauer, who successfully argued in the Supreme Court earlier this year that Trump is entitled to broad immunity from prosecution, to serve as the solicitor general of the United States.

Trump made the announcement in a statement on Thursday evening, calling Sauer a “deeply accomplished, masterful appellate attorney.”

The 50-year-old Sauer has many of the credentials associated with others who have served as the country’s top … Read the rest

Supreme Court

On presidential immunity, a riveting national civics lesson

Today is the last day of argument for the 2023-24 term, and – as everyone in the courtroom knows – we are here to see what is probably the biggest case of the term: Trump v. United States.

Yesterday, after an intense argument over abortion and emergency care in Moyle v. United States, Chief Justice John Roberts popped over to Georgetown University Law Center’s annual end-of-arguments reception, which revolves around the law school’s Supreme Court Institute and … Read the rest

Supreme Court

Court won’t hear Trump immunity dispute now

The Supreme Court on Friday rejected a request from Special Counsel Jack Smith to decide, without waiting for a federal appeals court to weigh in, whether former President Donald Trump can be tried on criminal charges that he conspired to overturn the results of the 2020 election. Smith had asked the justices to act quickly to resolve the dispute over Trump’s immunity during the 2023-24 term, but the justices turned him down, in a brief unsigned order issued on … Read the rest

Supreme Court

Smith urges “immediate review” of Trump’s immunity claims

Special Counsel Jack Smith rejected as “misguided” the suggestion by lawyers for former President Donald Trump that the Supreme Court should wait to decide whether Trump can be tried on charges that he conspired to overturn the results of the 2020 election. Emphasizing that the charges against Trump “are of the utmost gravity,” Smith contended that the “public interest in a prompt resolution of this case favors an immediate, definitive decision by this Court.”

In a 10-page reply brief … Read the rest

Civil Law

Does an Umpire Have Immunity From Suit? Is an Appraisal an Arbitration in North Carolina?

The greater the appraisal award is, the greater frequency that the insurance company will flip out and blame somebody or something for causing a large appraisal award. This is the situation in a North Carolina case where the insurance company has sued the umpire.

In response, the umpire has claimed he cannot be sued because he has immunity as an arbitrator. The umpire, Lewis O’Leary, is very experienced in appraisals. He was noted in “How Late Can Late Notice of … Read the rest

Supreme Court

The return of the vaccine mandate for health workers and sovereign immunity for a Turkish bank

This week we highlight cert petitions that ask the Supreme Court to consider, among other things, the Biden administration’s vaccine mandate for health care workers, and a Turkish bank’s immunity claim.

In Missouri v. Biden, the justices face a petition asking them to review on the merits the Biden administration’s vaccine policy for health care workers. The mandate requires nearly all health care workers at facilities that participate in Medicare and Medicaid to be fully vaccinated against COVID-19 … Read the rest

Supreme Court

Sovereign immunity and defective indictments

This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether Turkey is immune from suit from protesters injured by security forces at its ambassador’s residence, and whether a defective indictment for a federal gun crime was harmless or structural error.

Turkey claims immunity over May 2017 security altercation with protesters

Republic of Turkey v. Usoyan raises a question under the Foreign Sovereign Immunities Act in a case following a violent clash … Read the rest