WASHINGTON — Senate Majority Leader Chuck Schumer has announced plans to introduce legislation aimed at countering the Supreme Court’s recent ruling that grants former President Donald Trump immunity for certain actions taken while in office. Schumer, D-N.Y., criticized the conservative justices for what he described as placing “a crown on Donald Trump’s head,” effectively allowing him to commit crimes without consequence.
Schumer’s remarks came as the Senate reconvened after a recess, following the Supreme Court’s 6-3 decision along ideological lines. The ruling stated that presidents have legal immunity from prosecution for “official acts” carried out during their tenure, but not for unofficial acts. Schumer aims to classify Trump’s attempts to overturn the 2020 election results as unofficial acts, thereby not subject to immunity.
“We Democrats will not let the Supreme Court’s decision stand unaddressed. The Constitution makes plain that Congress has the authority to check the judiciary through appropriate legislation,” Schumer said on the Senate floor. “I will work with my colleagues on legislation classifying Trump’s election subversion acts as unofficial acts not subject to immunity.”
Schumer emphasized that no president should be free to overturn an election against the will of the people, regardless of the conservative justices’ beliefs. He also mentioned that Democrats would continue working on other proposals to reassert Congress’s Article I authority to rein in the federal judiciary’s abuse. “The American people are tired, just tired, of justices who think they are beyond accountability,” he added.
The specifics of the proposed bill are still being determined, and advancing the legislation in the Senate, where Democrats hold a slim majority, will undoubtedly face challenges. The Senate requires 60 votes for passage, making bipartisan support essential.
In addition to Congressional efforts, the White House is also exploring its options in response to the Supreme Court’s ruling. “We are reviewing the decision and certainly will be exploring what could be done to address it to better safeguard democracy and the rule of law in the future, given this dangerous precedent,” White House spokesperson Ian Sams said.
The Supreme Court’s decision has sparked outrage among Congressional Democrats, who have struggled to outline a clear vision for their next steps. Senate Judiciary Committee Chair Dick Durbin, D-Ill., criticized the court for deciding that presidents are legally “immune from abusing the levers of government to overturn an election or engage in other misconduct.”
“In ruling that Donald Trump is ‘absolutely immune from prosecution for the alleged conduct involving his discussions with Justice Department officials,’ the Court has stripped the Justice Department of its valued independence and undermined its commitment to the rule of law,” Durbin said.
Liberal advocates have also expressed frustration over the lack of a swift response from both Biden and Congress, despite knowing for months that a decision was imminent. Alex Aronson, executive director of the liberal group Court Accountability, described the situation as a “break glass” moment for American democracy. He criticized Senate Democrats for being unprepared and called for hearings and investigations into “corruption and conflicts of interest” among the justices.
In the House, Democrats are in the minority and have limited power. Minority Leader Hakeem Jeffries, D-N.Y., vowed that his party would engage in “aggressive oversight and legislative activity with respect to the Supreme Court” to bring “far-right justices” into “compliance with the Constitution.”
Rep. Alexandria Ocasio-Cortez, D-N.Y., took to social media to declare that the Supreme Court was embroiled in “a corruption crisis beyond its control” and that it was up to Congress to defend the nation from this “authoritarian capture.” She announced her intention to file articles of impeachment upon Congress’s return, although her office did not specify whom she would seek to impeach.
Sen. Tina Smith, D-Minn., reiterated her calls to expand the Supreme Court by four seats, a proposal that has only three sponsors and has not gained additional support since last year.
The Supreme Court’s decision grants presidents presumptive immunity for official acts, a ruling that is likely to delay Trump’s pending criminal trials until after the election and potentially derail them entirely. Trump celebrated the ruling, calling it a “big win for our Constitution and democracy.”
President Joe Biden, in a speech, promised to “respect the limits” of the power the court has given presidents, warning that Trump “will now be free to ignore the law” if he returns to office. He emphasized that the only limits on presidential power would be self-imposed by the president alone, urging the American people to decide if they want to entrust the presidency to Trump once again.
Meanwhile, Trump has already moved to throw out his conviction in New York on 34 felony counts, citing the Supreme Court’s ruling.
Source: NBC News, CQ Roll Call
