Trump v. United States is one of the Supreme Court's most significant separation of powers cases. While Roberts is often described as a minimalist, he was just the opposite here. Justice Sotomayor aptly observes in dissent, "In reaching out to shield some conduct as official while refusing to recognize any conduct as unofficial, the majority engages in judicial activism, not judicial restraint."
The Court could have simply resolved whether the particular allegations in the indictment warranted immunity. But Chief Justice Roberts did not stop there. The opinion is quite sweeping. Chief Justice Roberts developed a framework to address all facets of presidential power. He put forward a presidential immunity trichotomy.
Supreme Court Justices have often laid out three-level tests. Perhaps the most famous was Justice Jackson's triptych in Youngstown. Gone, but not forgotten, was the trimester framework from Roe. And now the Trump trichotomy.
