Senate Majority Leader Chuck Schumer, D-N.Y., took the first step to advance President Biden’s Supreme Court overhaul plan, beginning with a measure to strip immunity from former President Trump after last month’s ruling in his favor.
The “No Kings Act” would “clarify” that the Constitution does not entitle presidents to immunity from criminal prosecution for their actions in office, despite the ruling of the high court.
In a statement, Schumer reiterated that the Supreme Court’s ruling granting former presidents significant immunity for official acts done while in office is “dangerous and devastating.”
“The MAGA Supreme Court has once again subverted the will of the American people, and the very idea of democracy itself,” he added.
“The Founders were explicit – no man in America shall be a king. Yet, in their disastrous decision, the Supreme Court threw out centuries of precedent and anointed Trump and subsequent presidents as kings above the law. Given the dangerous and consequential implications of the Court’s ruling, legislation would be the fastest and most efficient method to correcting the grave precedent the Trump ruling presented. With this glaring and partisan overreach, Congress has an obligation – and a constitutional authority – to act as a check and balance to the judicial branch.”
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The legislation was backed by 34 Democratic co-sponsors. Vulnerable incumbent Democratic Sens. Bob Casey of Pennsylvania and Tammy Baldwin of Wisconsin were among those who joined the measure.
Biden’s recent Supreme Court proposal also included requests for justice term limits and an enforceable code of ethics.
After the president’s announcement, Schumer praised the proposed overhaul. “I am particularly pleased President Biden called for undoing the damage of the Court’s recent immunity decision,” the leader said earlier this week.
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Schumer foreshadowed the No Kings Act, remarking, “An option I am considering is drawing up legislation clarifying that the President is not immune from violations of federal law.”
The measure would declare that there is no legal immunity for former presidents or vice presidents that violate the law while in office or in an official capacity, as Schumer previewed.
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However, it would also take away the Supreme Court’s authority to address appeals regarding the bill’s constitutionality. Instead, the United States District Court for the District of Columbia would handle challenges to the law, and the United States Court of Appeals for the District of Columbia Circuit would have appellate jurisdiction.
Further, it would allow the government to charge former presidents or vice presidents with crimes in any district court across the country.
The majority leader’s legislation faces near-certain failure in the Senate, as Republicans are unlikely to join Democrats to help the measure pass the 60-vote threshold necessary to beat a filibuster. Its odds would be even worse in the Republican-controlled House of Representatives, where it likely wouldn’t make it to the chamber floor.
