Senate Majority Leader Chuck Schumer will introduce legislation Thursday reaffirming that presidents do not have immunity for criminal actions, an attempt to reverse the Supreme Court’s landmark decision last month.
Schumer’s No Kings Act would attempt to invalidate the decision by declaring that presidents are not immune from criminal law and clarifying that Congress, not the Supreme Court, determines to whom federal criminal law is applied.
The court’s conservative majority decided July 1 that presidents have broad immunity from criminal prosecution for actions taken within their official duties — a decision that threw into doubt the Justice Department’s case against Republican former President Donald Trump for his efforts to overturn his 2020 election loss.
Schumer, of New York, said that Congress has an obligation and the constitutional authority to check the Supreme Court on its decision.
For starters, someone would have to prove standing to have a case. And this law only targets the Office of the Presidency, so only a President could challenge it. However, since we’re wishing for the Dems to play hardball, Article 3 Section 2 of the Constitution says this:
Congress could literally pass a law limiting the powers of the Presidency, and also declaring that SCOTUS doesn’t have the jurisdiction to hear any cases regarding it. Congress could also create a whole other court system solely to handle challenges to Presidential authority and there’s nothing SCOTUS could legally do to stop it. (Not that Roberts’ corrupt Court cares much about the law, but still.)
If the Dems can’t get SCOTUS reform to course-correct soon enough, then jurisdictional stripping should be the name of the game.
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We could do what’s right and help voters because it’s the right thing to do, and maybe they’ll be excited to continue to vote against Republicans because we can deliver.
Or we can continue to be cowards, afraid to do anything because the GOP somehow won’t be assholes if we don’t?
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