Nixon v. Fitzgerald (1982) A. Ernest Fitzgerald claimed that he
lost his employment with the Air Force because he gave testimony
before Congress that was critical of his employer. He tried to
add President Nixon as a defendant in his suit, but Nixon argued
that a President cannot be sued for actions taken while in
office. The trial and appellate court rejected the President's
claim of immunity, and the case went to the Supreme Court. In a
5-4 decision, the Supreme Court ruled that the President is
entitled to absolute immunity from liability for damages based
on his official acts. Justice Lewis Powell wrote for the
majority. He noted that the Court had never before ruled on the
scope of presidential immunity. Many public officials have a
limited, or “qualified,” immunity that applies so long as they
have acted in “good faith.” Some other officials, such as judges
and prosecutors, have been given an unlimited, or “absolute,”
immunity because of the special nature of their duties. Giving
the President only qual