Senate Majority Leader Chuck Schumer introduced the No Kings Act, legislation that aims to reaffirm that presidents do not have immunity for criminal actions, following a Supreme Court decision last month. The court ruled that presidents have broad immunity from criminal prosecution for actions taken within their official duties, casting doubt on the case against former President Donald Trump. Schumer believes that Congress should have the authority to check the court’s decision and clarify federal criminal law application.
The bill has garnered support from more than two dozen Democratic cosponsors and comes after President Joe Biden called for a constitutional amendment limiting presidential immunity, alongside other reforms for the Supreme Court. However, Republican lawmakers, including Senate Leader Mitch McConnell, have criticized the proposed amendments, stating that they would “shred the Constitution.” The process of passing a constitutional amendment would require a two-thirds vote in both houses of Congress and ratification by three-fourths of the states.
The Supreme Court’s decision on presidential immunity has caused backlash and sparked dissent from liberal justices, who warned of potential threats to democracy, especially as Trump expresses intentions to run for the presidency again. Trump celebrated the decision on social media, while Republicans in Congress stood by him. Democrats view the proposed amendments as a way to hold the court accountable and energize their base ahead of the upcoming presidential election.
Vice President Kamala Harris, who is running against Trump in the November election, has backed the reforms, citing a “clear crisis of confidence” facing the Supreme Court. The title of Schumer’s bill references Justice Sonia Sotomayor’s dissent, where she criticized the decision for treating the President as a “king above the law.” Despite the challenges of passing a constitutional amendment in a divided government, Democrats see the proposals as a necessary step in addressing concerns about presidential immunity and the balance of power.
In the ruling, Chief Justice John Roberts emphasized that while a former president may have immunity from criminal prosecution for actions within their constitutional authority, they are not above the law. Schumer’s No Kings Act seeks to challenge this interpretation and assert Congress’s role in determining the boundaries of presidential immunity. The legislation represents a response to a significant legal precedent set by the Supreme Court and underscores the ongoing debate over the limits of presidential power in the United States.
