In the Philippines, presidents enjoy absolute immunity from suit while in office. Not so in the USA.
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Here are five notable lawsuits involving U.S. presidents:
- Marbury v. Madison (1803) -- President James Madison, our nation's fourth chief executive and widely known as the "Father of the Constitution," was named in a landmark lawsuit. While serving as President Thomas Jefferson's secretary of state, Madison was sued in a dispute over a man's appointment to a newly established court. The man's claim was denied because the law that allowed him to sue was held unconstitutional -- the first time the Supreme Court made such a ruling.Marbury v. Madison also helped to form the basis of judicial review.
- Nixon v. Fitzgerald (1982) -- An Air Force analyst fired by President Richard Nixon sued the former president for damages, after a government commission determined his firing was unjust. The 5-4 Supreme Court decision held the President is entitled to absolute immunity from damage suits based on official presidential acts.
- Clinton v. Jones (1996) -- The issue of absolute immunity arose again, when an Arkansas woman sued President Bill Clinton in a civil lawsuit alleging "abhorrent" sexual advances by Clinton when he was Arkansas' governor. In a unanimous decision, the High Court held a sitting President is not immune from civil suits, except in highly unusual situations. The ruling eventually led to President Clinton's impeachment, three days before Presidents Day in 1999.
- Bush v. Gore (2000) -- The Supreme Court's divisive 5-4 ruling in this case effectively named President George W. Bush the winner of the 2000 election, over then-Vice President Al Gore. The case challenged Florida's process for recounting votes as being unconstitutional. Despite inconsistent recount standards, the majority held there wasn't enough time to devise a proper statewide recount. The holding is limited, however, to only the Bush v. Gore dispute.
- Drake v. Obama (2011) -- The Ninth Circuit dismissed this suit, one of several to challenge President Barack Obama's legitimacy based on claims he wasn't born in the United States. The plaintiffs -- who, like Obama, also ran for office in 2008 -- had no standing to bring the suit because the election was over, the Ninth Circuit held. But as FindLaw's U.S. Ninth Circuit blog opined, the 2012 election may give so-called "birthers" a new opportunity to sue.
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