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GPSolo eReport

GPSolo eReport September 2024

A Page Out of Legal History: 1982

Ashley Hallene

Summary

  • Welcome to the latest installment of “A Page Out of Legal History,” which examines a significant legal event from the year of the author’s birth or law school graduation.
  • This time, we focus on Nixon v. Fitzgerald, a landmark ruling that significantly shaped the doctrine of presidential immunity.
A Page Out of Legal History: 1982
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Given the U.S. Supreme Court’s recent string of bombshell decisions, including the decision on presidential immunity in Trump v. United States, 603 U. S. ____ (2024), I feel compelled to write about Nixon v. Fitzgerald, 457 U.S. 731 (1982), for this issue’s installment of “A Page Out of Legal History,” which examines a significant legal event from the year of the author’s birth or law school graduation.

Nixon v. Fitzgerald was a landmark ruling that significantly shaped the doctrine of presidential immunity. The case centered on the firing of A. Ernest Fitzgerald, a management analyst with the U.S. Air Force. In 1968, Fitzgerald testified before Congress about cost overruns and technical issues with a military aircraft project. Following his testimony, he was dismissed from his job in 1970 during President Richard Nixon’s administration, allegedly as part of a departmental reorganization. Fitzgerald claimed his dismissal was retaliation for his congressional testimony and filed a lawsuit against Nixon and other officials, alleging violations of his First Amendment rights and wrongful termination.

The Supreme Court ruled that a sitting president has absolute immunity from civil lawsuits for actions taken while in office. The decision underscored the unique nature of the presidential office, emphasizing that presidents must be able to perform their duties without the distraction of personal litigation.

The Nixon ruling had a profound impact on discussions about executive accountability and the balance of power within the U.S. government. While it protected the president from civil liability, it also raised important questions about the limits of presidential power and the mechanisms available to hold a president accountable. These important questions remain unanswered.

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