Today in Supreme Court History: November 30, 1981

11/30/1981: Harlow v. Fitzgerald argued.

The Burger Court (1981)

Comments

[JoeFromtheBronx]

The case was decided 8-1. The majority opinion noted:

The issue in this case is the scope of the immunity available to the senior aides and advisers of the President of the United States in a suit for damages based upon their official acts.

The result was to provide limited immunity. To wit:

Where an official could be expected to know that certain conduct would violate statutory or constitutional rights, he should be made to hesitate; and a person who suffers injury caused by such conduct may have a cause of action.

The Court was more divided in Nixon v. Fitzgerald, where they split 5-4 regarding Nixon himself. He had "absolute immunity from damages liability predicated on his official acts."

The case only involved a damage remedy, not a criminal prosecution. Justice White, however, still provided a strong dissent.