Clinton v. Jones, 520 U.S. 681, 14 (1997)

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694

CLINTON v. JONES

Opinion of the Court

avoid rendering the President "unduly cautious in the discharge of his official duties." 457 U. S., at 752, n. 32.19

This reasoning provides no support for an immunity for unofficial conduct. As we explained in Fitzgerald, "the sphere of protected action must be related closely to the immunity's justifying purposes." Id., at 755. Because of the President's broad responsibilities, we recognized in that case an immunity from damages claims arising out of official acts extending to the "outer perimeter of his authority." Id., at 757. But we have never suggested that the President, or any other official, has an immunity that extends beyond the scope of any action taken in an official capacity. See id., at 759 (Burger, C. J., concurring) (noting that "a President, like Members of Congress, judges, prosecutors, or congressional aides—all having absolute immunity—are not immune for acts outside official duties"); see also id., at 761, n. 4.

Moreover, when defining the scope of an immunity for acts clearly taken within an official capacity, we have applied a functional approach. "Frequently our decisions have held that an official's absolute immunity should extend only to acts in performance of particular functions of his office." Id., at 755. Hence, for example, a judge's absolute immunity does not extend to actions performed in a purely administra-19 Petitioner draws our attention to dicta in Fitzgerald, which he suggests are helpful to his cause. We noted there that "[b]ecause of the singular importance of the President's duties, diversion of his energies by concern with private lawsuits would raise unique risks to the effective functioning of government," 457 U. S., at 751, and suggested further that "[c]ognizance of . . . personal vulnerability frequently could distract a President from his public duties," id., at 753. Petitioner argues that in this aspect the Court's concern was parallel to the issue he suggests is of great importance in this case, the possibility that a sitting President might be distracted by the need to participate in litigation during the pendency of his office. In context, however, it is clear that our dominant concern was with the diversion of the President's attention during the decisionmaking process caused by needless worry as to the possibility of damages actions stemming from any particular official decision. Moreover, Fitzgerald did not present the issue raised in this case because that decision involved claims against a former President.

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