Senate Majority Leader Chuck Schumer is set to introduce a new bill called the No Kings Act, which aims to clarify that presidents are not immune to criminal actions and that Congress, not the Supreme Court, determines who federal criminal law applies to. This legislation is in response to a recent Supreme Court decision that granted presidents broad immunity from criminal prosecution for actions conducted within their official duties. This decision has raised concerns about the Justice Department’s case against former President Donald Trump for his actions following the 2020 election.
Schumer, representing New York, believes that Congress has the duty and authority to challenge the Supreme Court’s ruling. He argues that passing legislation is the most efficient way to address the significant implications of the court’s decision regarding presidential immunity. The bill, supported by over two dozen Democratic cosponsors, follows President Joe Biden’s call for a constitutional amendment to limit presidential immunity, establish term limits, and enforce an ethics code for Supreme Court justices.
The Supreme Court’s ruling on presidential immunity has sparked criticism and opposition, particularly from liberal justices who warn of the dangers to democracy, especially with Trump eyeing a potential return to the White House. Trump and his Republican allies have praised the decision, while Senate Minority Leader Mitch McConnell denounced Biden’s proposed reforms as unconstitutional.
Despite the challenges in passing such legislation or enacting a constitutional amendment, Democrats view these proposals as a way to hold the court accountable and energize their voter base ahead of the upcoming presidential election. Vice President Kamala Harris, a candidate in the November election, emphasized the need for reforms to address the crisis of confidence surrounding the Supreme Court.
The No Kings Act’s title is a nod to Justice Sonia Sotomayor’s dissent in the case, where she expressed concerns about the president being considered above the law. Chief Justice John Roberts, writing for the majority, stated that a former president is entitled to immunity from criminal prosecution for actions within their constitutional authority, but emphasized that no one is above the law. The bill’s introduction aims to address the ongoing debate over presidential immunity and the balance of power between branches of government.
