Justice Gorsuch Defends Supreme Court’s Presidential Immunity Decision in Interview

‘All the court did in this case was simply apply that same precedent and idea to the criminal context,’ Justice Neil Gorsuch said.

United States Supreme Court Justice Neil Gorsuch at the Supreme Court in Washington, on Oct. 7, 2022. Alex Wong/Getty Images

U.S. Supreme Court Justice Neil Gorsuch this week defended the high court’s decision that affirmed presidents have immunity for their official acts, in a case involving a challenge by former President Donald Trump.

In early July, the Supreme Court issued a 6–3 decision, authored by Chief Justice John Roberts, that presidents cannot be prosecuted for actions that were within their constitutional powers. It tossed a lower court’s ruling that rejected Trump’s claims of immunity from federal charges relating to his activity after the 2020 election.