Cite as: 520 U. S. 681 (1997)
Breyer, J., concurring in judgment
to carry out his official duties, see Franklin v. Massachusetts, 505 U. S. 788, 827 (1992) (Scalia, J., concurring in part and concurring in judgment) (describing the "apparently unbroken historical tradition . . . implicit in the separation of powers" that a President may not be ordered by the Judiciary to perform particular Executive acts); id., at 802-803 (plurality opinion of O'Connor, J.), so much the more must those principles counsel caution when such an order threatens to interfere with the President's properly carrying out those duties.
B
Case law, particularly, Nixon v. Fitzgerald, strongly supports the principle that judges hearing a private civil damages action against a sitting President may not issue orders that could significantly distract a President from his official duties. In Fitzgerald, the Court held that former President Nixon was absolutely immune from civil damages lawsuits based upon any conduct within the "outer perimeter" of his official responsibilities. 457 U. S., at 756. The holding rested upon six determinations that are relevant here.
First, the Court found that the Constitution assigns the President singularly important duties (thus warranting an "absolute," rather than a "qualified," immunity). Id., at 750-751. Second, the Court held that "recognition of immunity" does not require a "specific textual basis" in the Constitution. Id., at 750, n. 31. Third, although physical constraint of the President was not at issue, the Court nevertheless considered Justice Story's constitutional analysis, discussed supra, at 714-715, "persuasive." 457 U. S., at 749. Fourth, the Court distinguished contrary precedent on the ground that it involved criminal, not civil, proceedings. Id., at 754, and n. 37. Fifth, the Court's concerns encompassed the fact that "the sheer prominence of the President's office" could make him "an easily identifiable target for suits for civil damages." Id., at 752-753. Sixth, and most important, the Court rested its conclusion in important part upon
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