Senate Majority Leader Chuck Schumer is set to introduce the No Kings Act, a piece of legislation aimed at clarifying that presidents do not have immunity for criminal actions. This move comes in response to a recent Supreme Court decision that granted broad immunity to presidents for actions taken within their official duties.
The court's ruling, issued on July 1, has raised concerns about the implications for ongoing legal cases, including the Justice Department's pursuit of former President Donald Trump for his alleged attempts to overturn the 2020 election results.
Schumer's bill seeks to challenge the Supreme Court's decision by asserting that presidents are not above criminal law and that Congress holds the authority to determine the application of federal criminal law.
President Joe Biden has also called for measures to limit presidential immunity, along with proposing term limits and an enforceable ethics code for Supreme Court justices. These efforts have garnered support from Democratic lawmakers, with a constitutional amendment being proposed in the House by Rep. Joseph Morelle.
Despite the push for legislative action, the likelihood of passing such measures remains uncertain, given the divided nature of Congress. Senate Republican Leader Mitch McConnell has criticized Biden's proposal, calling it a threat to the Constitution.
The debate over presidential immunity and the role of the Supreme Court has become a focal point in the lead-up to the upcoming presidential election. Democrats view these proposals as essential for restoring public trust in the judiciary, while Republicans have rallied around the court's decision as a victory for presidential authority.
The No Kings Act takes its name from Justice Sonia Sotomayor's dissent in the Supreme Court case, where she warned against granting the president unchecked power. Chief Justice John Roberts, writing for the majority, emphasized that while a former president may have immunity from criminal prosecution for official actions, they are not exempt from the law.
