Bloomberg Law: NJ Congresswoman’s Defense Tests Bounds of Trump Immunity Ruling

Carlos Felipe Uriarte and Kim Hamm spoke with Bloomberg Law about the novel legal arguments raised in Rep. LaMonica McIver’s defense, which seeks to link legislative immunity for members of Congress to the Supreme Court’s 2024 presidential immunity ruling. Carlos noted, “Someday the Supreme Court might ultimately hear the case, and in that instance, it may prove to be a smart, strategic decision by the lawyers in this case to tee the issue up early.” Kim emphasized the complexity of applying legislative immunity, stating, “The further you get away from that kind of ... very core legislative activity, it just becomes harder to predict how courts will react.” The article highlights the untested nature of extending presidential immunity principles to Congress and the central role of the Constitution’s speech or debate clause in the court’s analysis.

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