Murthy v. Missouri
Case Overview
Republican state AGs sued senior Biden administration officials, arguing that White House and agency communications pressuring social media companies to remove COVID misinformation and election content amounted to government censorship, using private platforms as enforcement. A lower court enjoined a sweeping list of officials from contacting social media companies. The Supreme Court reversed 6-3 on standing: plaintiffs couldn't show that government pressure, rather than the companies' own moderation decisions, caused their specific content removal. The underlying constitutional question remains open.
The Facts
Donald Trump was indicted for alleged efforts to overturn the 2020 election results. Trump argued that presidential immunity barred prosecution for conduct taken while serving as President. The D.C. Circuit rejected broad immunity claims and the Supreme Court granted certiorari.
The Application
Under the Court's three-tier framework, Trump's alleged conduct in attempting to overturn the 2020 election results must be parsed into acts that fall within his core constitutional authority entitled to absolute immunity, acts taken in an official capacity but outside core authority entitled to rebuttable presumptive immunity, and private or unofficial acts receiving no immunity. The district court must now examine whether Trump's specific actions including communications with state officials, the Justice Department, and his vice president, constitute core constitutional functions like command of the military or appointment of executive officers, or instead represent official acts whose prosecution must be evaluated against potential burdens on executive power. The remand shifts the analytical burden from categorical rejection of all prosecutions to granular fact-finding that may preserve some charges while shielding others, depending on whether they can be sufficiently divorced from Trump's formal presidential powers.
The Conclusion
**The Court remanded 6-3 for the district court to separate official from unofficial conduct using the new immunity framework.** The ruling substantially narrows the scope of prosecutable conduct for former Presidents and may delay or limit the federal election interference case against Trump.
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