Senate Moves to Challenge Supreme Court’s Ruling on Presidential Immunity

WASHINGTON — Chuck Schumer, the Senate Majority Leader, introduced a new bill on Thursday that aims to clarify that presidents cannot have immunity from criminal actions. This move comes in response to a recent Supreme Court decision that many lawmakers find concerning.

The bill, called No Kings, seeks to overturn the Court’s ruling by stating that presidents are not above the law and that it is Congress, not the Supreme Court, that determines how federal criminal law applies.

This comes after the Court ruled on July 1 that presidents have broad immunity from criminal prosecution for actions taken while in office, a verdict that raised eyebrows, especially since it could affect the ongoing case against former President Donald Trump regarding his attempts to overturn the 2020 election.

Schumer emphasized that Congress has both the responsibility and the constitutional authority to address the Court’s decision. He expressed concerns about the dangerous implications of the ruling.

In Schumer’s words, “Given the serious consequences of the Court’s ruling, legislation is the fastest and most effective way to correct the severe precedent set by the Trump decision.”

This Senate bill has over two dozen co-sponsors from the Democratic party and follows President Joe Biden‘s call earlier this week for legislators to push for a constitutional amendment that would limit presidential immunity. Biden also mentioned the need for term limits and enforceable ethical standards for Supreme Court justices.

Recently, Representative Joseph Morelle, a Democrat from New York, proposed a similar amendment in the House of Representatives.

The Supreme Court’s ruling took many in Washington by surprise and faced significant backlash from the liberal justices, who warned about the dangers it poses to democracy, especially with Trump eyeing a comeback to the White House.

Trump celebrated the Court’s decision as a “GREAT VICTORY” on his social media platform, with Congressional Republicans rallying behind him. Without Republican support, Schumer’s bill may struggle to pass in the closely divided Congress.

Senate Minority Leader Mitch McConnell criticized Biden’s proposal, saying it would “tear apart the Constitution.”

Passing a constitutional amendment is a tall order. It requires a two-thirds majority in both the House and the Senate, which seems unlikely in the current political climate, along with ratification from three-fourths of the states, a process that could take years.

Still, Democrats view these proposals as vital messages to the Supreme Court and a way to energize their voter base ahead of the next presidential election.

Kamala Harris, the Vice President who may face Trump in November’s election, stated earlier this week that such reforms are necessary due to a “clear crisis of trust facing the Supreme Court.”

The title of Schumer’s bill reflects Justice Sonia Sotomayor‘s dissent in the Supreme Court case, where she noted, “With every use of official power, the president is now a king above the law.”

Sotomayor argued that the ruling “mocked the foundational principle of our Constitution and system of government that no man is above the law.”

In the majority opinion, Chief Justice John Roberts stated that the constitutional structure of separated powers and the nature of presidential power grants the former president absolute immunity from criminal prosecution for actions within his constitutional authority, while still insisting that “the president is not above the law.”