Boca lawyer takes battle over Trump’s competency to U.S. Supreme Court

Updated March 01, 2018
Palm Beach Post Staff Writer
Boca Raton guardianship attorney James Herb has gone to court to get President Donald Trump declared incapacitated. He contributed to a newly released book that includes analyses by well-known psychologists who also believe the president is mentally ill. He is photographed in his office on Wednesday, Sept. 20, 2017, in Florida.

After an unsuccessful nearly 18-month legal battle to have President Donald Trump declared incompetent, Boca Raton lawyer James Herb is taking his case to the U.S. Supreme Court.

In a 67-page petition filed Thursday, the guardianship attorney is asking justices to decide constitutional questions that swirl around his request to have a panel of psychological experts interview Trump to decide if he is mentally stable. Herb’s request has been soundly rejected by a Palm Beach County circuit judge and a Florida appeals court.

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In his petition, Herb wants the high court to decide whether a president’s immunity from lawsuits extends to a mental incapacity proceeding in a state court. Herb also wants to know if the First Amendment shields Trump from Herb’s claims that the president’s statements indicate he suffers from narcissistic and histrionic personality disorders.

Herb is also asking whether the 25th Amendment, which calls for the vice president to take over if a president dies, is removed or becomes incapacitated, bars a state court petition to determine the commander-in-chief’s mental health.

The Supreme Court accepts only a fraction of the petitions it receives each year.