The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Monday, November 30, 1981
Decision: Thursday, June 24, 1982
Issues: Economic Activity, Governmental Liability
Categories: government employment, immunity, jurisdiction, justiciability, presidency

Advocates

Herbert J. Miller, Jr. (Argued the cause for the petitioner)
John E. Nolan, Jr. (Argued the cause for the respondent)
Elliot L. Richardson (on behalf of the Petitioners Harlow and Butterfield)

Facts of the Case

In 1968, Fitzgerald, then a civilian analyst with the United States Air Force, testified before a congressional committee about inefficiencies and cost overruns in the production of the C-5A transport plane. Roughly one year later he was fired, an action for which President Nixon took responsibility. Fitzgerald then sued Nixon for damages after the Civil Service Commission concluded that his dismissal was unjust.

Question

Was the President immune from prosecution in a civil suit?

Conclusion

Yes. The Court held that the President "is entitled to absolute immunity from damages liability predicated on his official acts." This sweeping immunity, argued Justice Powell, was a function of the "President's unique office, rooted in the constitutional tradition of separation of powers and supported by our history."

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 5 votes for Nixon, 4 vote(s) against
Wrote a regular concurrence
Burger
Voted with the minority, joined White's dissent, joined Blackmun's dissent
Brennan
Wrote a dissent
White
Voted with the minority, joined White's dissent, joined Blackmun's dissent
Marshall
Wrote a dissent, joined White's dissent
Blackmun
Wrote the majority opinion
Powell
Voted with the majority
Rehnquist
Voted with the majority
Stevens
Voted with the majority
O'Connor
Full Opinion by Justice Lewis F. Powell, Jr.

Cite this page

The Oyez Project, Nixon v. Fitzgerald, 457 U.S. 731 (1982),
available at: <http://www.oyez.org/cases/1980-1989/1981/1981_79_1738/>
(last visited ).