What to know about the Supreme Court immunity ruling

Supreme Court News

The Supreme Court’s ruling Monday in former President Donald Trump’s 2020 election interference case makes it all but certain that the Republican will not face trial in Washington ahead of the November election.

The Supreme Court did not dismiss — as Trump had wanted — the indictment alleging he illegally schemed to cling to power after he lost to President Joe Biden. But the ruling still amounts to a major victory for the presumptive Republican presidential nominee, whose legal strategy has focused on delaying the proceedings until after the election.

The timing of the trial matters because if Trump defeats Biden, he could appoint an attorney general who would seek the dismissal of this case and the other federal prosecutions he faces. Or Trump could potentially order a pardon for himself.

Trump posted in all capital letters on his social media network shortly after the decision was released: “BIG WIN FOR OUR CONSTITUTION AND DEMOCRACY. PROUD TO BE AN AMERICAN!”

In remarks Monday evening, Biden said the court had done a “terrible disservice” to the American people, who he says deserved to know the outcome of the case before they head to the polls.

“The American people will have to render a judgment about Donald Trump’s behavior,” Biden said. “The American people must decide whether Trump’s assault on our democracy on Jan. 6 makes him unfit for public office.”

The court’s conservative majority said former presidents have absolute immunity from prosecution for official acts that fall within their “exclusive sphere of constitutional authority” and are presumptively entitled to immunity for all official acts. They do not enjoy immunity for unofficial, or private, actions.

The ruling means that special counsel Jack Smith cannot proceed with significant allegations in the indictment — or must at least defend their use in future proceedings before the trial judge.

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Workers’ Compensation Subrogation of Administrative Fees and Costs

When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.

In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.

In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.