Chuck Schumer will introduce a bill in the Senate today that would explicitly state that presidents do not enjoy immunity for criminal conduct, overriding last month’s Supreme Court ruling that said Donald Trump enjoys some immunity for his actions as president.
The No Kings Act, which would apply to presidents and vice presidents, is co-signed by more than two dozen Democratic parties.
“Given the dangerous and important implications of the court’s ruling, legislation would be the swiftest and most efficient method to correct the serious precedent set by Trump’s ruling,” the Senate majority leader said in a statement.
“With this blatant and partisan hubris, Congress has a duty — and a constitutional authority — to act as a check and balance on the judiciary.”
The bill provides that Congress, not the Supreme Court, has the authority to determine who is subject to federal criminal laws.
Last month, the Supreme Court’s conservative majority ruled that Trump enjoys broad immunity from criminal prosecution for his actions in office, drawing sharp criticism over the potential impact on the Justice Department’s case against Trump over his efforts to overturn the 2020 election.
Joe Biden responded to the ruling earlier this week by calling for a review of the Supreme Court and a constitutional amendment that would limit the power of the executive branch, including a provision that would prohibit presidents from having immunity from federal criminal acts.
“This nation was founded on the principle that in America there are no kings, all of us are equal before the law,” the president said in a statement after the verdict.
He noted the dissent of Justice Sonia Sotomayor, in which she said, “In every use of official power, the president is now a king above the law. For fear of our democracy, I disagree.”
Biden added: “The American people should also disagree. I disagree.”
Vice President and Democratic presidential favorite Kamala Harris also backed Biden’s calls for judicial reform, including term limits and new ethics rules for judges.
Mike Johnson, the Republican Speaker of the House of Representatives, hailed the Supreme Court ruling as a victory for Trump. “Today’s ruling by the court is a victory for former President Trump and all future presidents, and another defeat for President Biden and Jack Smith’s gun-toting Justice Department,” he wrote.
