CLINTON V. JONES
520 U.S. 681 (1997)
NATURE OF THE CASE: This was a dispute over the ability to sue a sitting President of the
United States. This was an appeal from a denial of a motion to postpone a civil trial.
FACTS: Jones (P) alleged that Clinton (D) sexually harassed her. This conduct occurred in
1991. Afterwards, D was elected President of the United States. P sued D. In response to the
complaint, petitioner promptly advised the District Court that he intended to file a motion
to dismiss on grounds of Presidential immunity. The District Judge ruled that discovery in
the case could go forward, but ordered any trial stayed until the end of petitioner's
Presidency. Both parties appealed. A divided panel of the Court of Appeals affirmed the
denial of the motion to dismiss, but, because it regarded the order postponing the trial
until the President leaves office as the 'functional equivalent' of a grant of temporary
immunity, it reversed that order. Writing for the majority, Judge Bowman explained that 'the
President, like all other government officials, is subject to the same laws that apply to
all other members of our society, that he could find no case in which any public official
ever has been granted any immunity from suit for his unofficial acts, and that the rationale
for official immunity is inapposite where only personal, private conduct by a President is
at issue.' The majority specifically rejected the argument that, unless immunity is
available, the threat of judicial interference with the Executive Branch through scheduling
orders, potential contempt citations, and sanctions would violate separation of powers
principles. Judge Bowman suggested that 'judicial case management sensitive to the burdens
of the presidency and the demands of the President's schedule,' would avoid the perceived
danger.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment