Nixon v. Fitzgerald

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Nixon v. Fitzgerald
Supreme Court of the United States
Argued November 30, 1981
Decided June 24, 1982
Full case name: Richard Nixon v. A. Ernest Fitzgerald
Citations: 457 U.S. 731; 102 S. Ct. 2690; 73 L. Ed. 2d 349; 1982 U.S. LEXIS 42; 50 U.S.L.W. 4797
Prior history: Cert. to the U.S. Court of Appeals for the District of Columbia Circuit
Holding
The President is entitled to absolute immunity from liability for damages based on his official acts.
Court membership
Chief Justice: Warren E. Burger
Associate Justices: William J. Brennan, Jr., Byron White, Thurgood Marshall, Harry Blackmun, Lewis F. Powell, Jr., William Rehnquist, John Paul Stevens, Sandra Day O'Connor
Case opinions
Majority by: Powell
Joined by: Burger, Rehnquist, Stevens, O'Connor
Concurrence by: Burger
Dissent by: White
Joined by: Brennan, Marshall, Blackmun
Dissent by: Blackmun
Joined by: Brennan, Marshall

Nixon v. Fitzgerald, 457 U.S. 731 (1982),[1] was a Supreme Court of the United States court case that dealt with immunity from suit to government officials performing discretionary functions when their action did not violate clearly established law.

Contents

[edit] Background

A. Ernest Fitzgerald filed a law suit against government officials claiming that he lost his position as a contractor with the United States Air Force because of testimony made before Congress in the 1970's. Among the people listed in the law suit was former President Richard Nixon. Nixon argued that a President cannot be sued for actions taken while in office. The trial and appellate court rejected the President's claim of immunity and the case went to the Supreme Court.

[edit] Opinion

In a 5-4 decision, the Supreme Court ruled that the President is entitled to absolute immunity from liability for damages based on his official acts.

[edit] See also


[edit] References

  1. ^ Nixon vs. Fitzgerald