Can the president of the United States be sued for damages in a civil proceeding, asks Damon Root in the latest print edition of Reason. A snippet:
The answer depends on the nature of the president’s alleged misconduct. In Nixon v. Fitzgerald (1982), the U.S. Supreme Court ruled that the president has immunity from civil suits that arise from the performance of his official duties. “In exercising the functions of his office,” the Court said, “the head of an Executive Department, keeping within the limits of his authority, should not be under an apprehension that the motives that control his official conduct may, at any time, become the subject of inquiry in a civil suit for damages.”
The president’s behavior offthe job, however, is a different matter.
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