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6 New York opinions name it 3 courts 1984–2025 2 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Clinton v. Jonesgreen2 sentences2019Ultimately, however, the Supreme Court credited as "consistent with both the doctrine of Presidential immunity as set forth in Fitzgerald and rejection of the immunity claim in this case" the statement that, "although the President is placed [on] high,' not a single privilege is annexed to his character; far from being above the laws, he is amenable to them in his private character as a citizen, and in his public character by impeachment'" ( id. at 696, quoting 2 Jonathan Elliot, Debates on the Federal Constitution at 480 [2d ed. 1863 [statement in favor of the Constitution's adoption by James 2019Ultimately, however, the Supreme Court credited as "consistent with both the doctrine of Presidential immunity as set forth in Fitzgerald and rejection of the immunity claim in this case" the statement that, "although the President is placed [on] high,' not a single privilege is annexed to his character; far from being above the laws, he is amenable to them in his private character as a citizen, and in his public character by impeachment'" ( id. at 696, quoting 2 Jonathan Elliot, Debates on the Federal Constitution at 480 [2d ed. 1863 [statement in favor of the Constitution's adoption by James | 2 | 3 |
United States v. Nixongreen2 sentences2025See Nixon, 418 US 683 ; Fitzgerald, 457 US 731 ; Clinton, 520 US 681 ; Vance, 591 US 786 . 2024Conversely, when considering the issue of document demands upon the President in the criminal context, the Trump Court relied upon United States v. ixo11, 418 US 683 [1974), which held that when 4 [* 4] a subpoena is issued to a president to produce certain evidence, there can be no claim of absolute privilege "given the 'constitutional duty of the Judicial Branch to do justice in criminal prosecutions.'" Trump at 612. | 1 | 2 |
Youngstown Sheet & Tube Co. v. Sawyergreen2 sentences1985Presidential claim to a power at once so conclusive and preclusive must be scrutinized with caution, for what is at stake is the equilibrium established by our constitutional system.” We think the dismissal of Youngstown Co. (supra) by our brethren in the majority as a “vestigial relic” of the great constitutional controversies of two generations ago somewhat cavalier. 1984Presidential claim to a power at once so conclusive and preclusive must be scrutinized with caution, for what is at stake is the equilibrium established by our constitutional system.” (Youngstown Co. v Sawyer, supra, pp 637-638.) It has long been recognized that the Legislature has been constitutionally delegated direct and clear authority in the realm of political affiliations, elections and voting. | 1 | 2 |
United States v. Williamsgreen2 sentences2025Circuit Court of Appeals held that the Presidential Transition Act of 1963, 3 U.S.C. 102, does not "confer 'official' status on a President-elect." 7 F Supp 2d 40, 51 [DC Ci.re. 1998]. 2025Circuit Court of Appeals held that the Presidential Transition Act of 1963, 3 U.S.C. 102, does not "confer 'official' status on a President-elect." 7 F Supp 2d 40, 51 [DC Ci.re. 1998]. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Nixon v. Fitzgerald
green
2 sentences2024All that our Nation's practice establishes on the subject is silence.") In its analysis of Presidential immunity in the civil context, the Trump Court cited and relied in large part, upon Fitzgerald, 457 US 731 , which held that a President must be absolutely immune from "damages liability for acts within the 'outer perimeter' of his official duties." Fitzgerald at 756. 2019The Supreme Court agreed with President Nixon, stating that "[i]n view of the special nature of the President's constitutional office and functions, we think it appropriate to recognize absolute Presidential immunity from damages liability for acts within the outer perimeter' of his official responsibility" ( id. at 756 ). | 4 | 2019–2025 |
Trump v. Vance
green
1 sentence2025See Nixon, 418 US 683 ; Fitzgerald, 457 US 731 ; Clinton, 520 US 681 ; Vance, 591 US 786 . | 1 | 2025–2025 |
Dames & Moore v. Regan
green
1 sentence2024Lacking precedent on point, the Tmmp Court, "[t]o resolve the matter llooked) primarily to the Framers' design of the Presidency within the separation of powers, [its] precedent on Presidential immunity in the civil context, and [... ) criminal cases where a President resisted prosecutorial demands for documents." Id. otably absent of course, was any precedent where a President was criminally charged for actions taken while in office - the specific issue the T111mp Court was tasked with resolving. | 1 | 2024–2024 |
The People v. Terrance L. Mack
green
2 sentences2024Defendant argues that the official acts evidence at the heart of hls motion fall under the rubric of Presidential immunity and are therefore "structural errors" of the "type of danger that would lead Presidents to be chilled from taking the bold and unhesitating action required of an independent Executive." Id. at pgs. 19- 20. 2024Defendant argues that the official acts evidence at the heart of hls motion fall under the rubric of Presidential immunity and are therefore "structural errors" of the "type of danger that would lead Presidents to be chilled from taking the bold and unhesitating action required of an independent Executive." Id. at pgs. 19- 20. | 1 | 2024–2024 |
County of Oneida v. Berle
green
1 sentence1984“In the construct of any political philosophy under our polity, to the extent that government is involved in elective processes, the role of the legislative branch must be recognized as paramount.” (Matter of Higby v Mahoney, 48 NY2d 15, 21 ; emphasis supplied.) It is equally clear that “[h]owever laudable its goals, the executive branch may not override enactments which have emerged from the lawmaking process.” (Ma tter of County of Oneida v Berle, 49 NY2d 515, 523 .) Reserving this principle as our pole star, nevertheless, it is equally apparent that “there are areas in which the responsibil | 1 | 1984–1984 |
Higby v. Mahoney
green
1 sentence1984“In the construct of any political philosophy under our polity, to the extent that government is involved in elective processes, the role of the legislative branch must be recognized as paramount.” (Matter of Higby v Mahoney, 48 NY2d 15, 21 ; emphasis supplied.) It is equally clear that “[h]owever laudable its goals, the executive branch may not override enactments which have emerged from the lawmaking process.” (Ma tter of County of Oneida v Berle, 49 NY2d 515, 523 .) Reserving this principle as our pole star, nevertheless, it is equally apparent that “there are areas in which the responsibil | 1 | 1984–1984 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.