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 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.
And if Donald Trump or a future wannabe-dictator gets elected, they’d have the exact standing needed to make such a challenge.
The Supreme Court usurped that power for themselves in (I belive) 1803 and hasn’t been challenged in 200+ years. Since then, if the SC makes a ruling, Congress has historically said “aw, shucks”, and that’s the end of it. At most, you’d put both branches of government into a conflicting “You’ve made your ruling, now let’s see you enforce it” scenario which would bring us dangerously close to civil war.
Also, how would it work out? Trump gets into office and wipes his ass with the “No Kings Act”. Do you honestly think for half a second that Congress is going to impeach, convict, and remove him any time soon? Because if so, I’ve got a whole lot of beachfront property on Mars that you may be interested in. The only other way would be…through the court system. Which would end up at…the exact Supreme Court, the exact same six judges that just gave him those powers in the first place. I’ll let you sit there and think over how that would ultimately end.
Or, the SC could go the “malicious compliance” route. They let the NKA stand, knowing full well Trump is going to ignore it anyway, and knowing impeachment and removal is nigh on impossible in today’s political climate. So Congress tries to sue and gets “well golly gee darn, you just got finished telling us we can’t interfere. So he’s your problem now. Good luck.” Now what?
Or later in the future. 10 years, 20 years from now and the SC somehow gets rebalanced into something legitimate. Except now it’s congress that are openly corrupt. Do we really want a situation where our SC would be able to do exactly nothing as a corrupt congress runs roughshod and starts further narrowing the oversight of a non-corrupt SC while passing more draconian legislation? It becomes a situation of being careful of what you wish for. You might get it.
Good luck getting the general public to accept that there’s literally a completely different legal system for some people and not others. I don’t care who it is or what the purpose of this secondary court system should be, you will (and should) never get the general public to accept setting up a secondary court system just because some people don’t like the rulings of the primary one.
Would you consider a secondary court system headed by Aileen Cannon as the Trump-appointed “New Supreme Court” head judge legitimate? Of course not. The same applies in the other direction. The idea is absurd on its face and turns our justice system into a glorified game of Calvinball.
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?