Dems are ramping up Supreme Court war with unconstitutional bill targeting presidential immunity ruling, experts say

Democrats' latest proposal for a bill targeting the Supreme Court's presidential immunity ruling shows their willingness to undermine a co-equal branch of government when they don't like the outcome of its decisions, they said. say legal experts at the Daily Caller News Foundation.

Days after President Joe Biden he called for a constitutional amendment that would make clear that “no president is above the law or immune from prosecution for crimes committed while in office,” Senate Democratic Majority Leader Chuck Schumer said. introduced a bill that seeks to overturn the Supreme Court's presidential immunity ruling. Schumer's 'No Kings Act' introduced Thursday doesn't stop at overturning the Supreme Court's decision, but pull the Supreme Court of jurisdiction even considers challenges to the prosecution of a former president for alleged crimes related to official acts, along with challenges to the bill itself.

“None of this is constitutional,” Ilya Shapiro, senior fellow and director of constitutional studies at the Manhattan Institute, told the DCNF in reference to provisions in Schumer's bill.

Shapiro said both Schumer's bill and Biden's proposed amendment are “taking too much advantage” of Chief Justice John Roberts' majority opinion.

“It's a reasonable and fairly limited decision,” he said. “The outcry about it is either false or simply doesn't understand the law.”

The Supreme Court retained on July 1 that presidents are immune from criminal prosecution for “official acts” taken in office. The majority opinion left the task of analyzing which allegations in former President Donald Trump's impeachment are official acts subject to immunity to lower courts.

John Yoo, a professor at the University of California, Berkeley School of Law, told the DCNF that “the call to overturn the Court's ruling on presidential immunity is part of Kamala Harris' progressive attack on the Constitution “.

“Overriding the Court — through unconstitutional means like a statute — shows the contempt progressives have for a co-equal branch of government,” Yoo said. “It fits with the call to put term limits on judges, which Biden proposes and Harris supports, or even to pack the Court, which Harris called for in 2020. It's an obvious threat, even if it never happens, against the Court .simply because the progressives do not agree with the Court's interpretation of the Constitution”.

Last term's vote alignments conflict with Democrats' narrative that the Supreme Court is “out of control.”

Several high-profile cases, including challenges to the abortion pill and former President Donald Trump's eligibility for the 2024 ballot, ended in unanimous verdicts. Only half of the 22 decisions that split 6-3 split along expected ideological lines, with Republican appointees on one side and Democratic appointees on the other. seconds in the Empiric Escot.

Cornell Law School professor William Jacobson told the Daily Caller News Foundation that the bill is just “the latest salvo in the Democrats' war on the Supreme Court.”

“If Democrats want to abolish presidential immunity, they can't do it retroactively, but they could try to pass a possible constitutional amendment,” Jacobson told the DCNF. “Acknowledging the improbability of a constitutional amendment, Schumer seeks an end by trying to limit the right to appeal to the Supreme Court. Whether this alternative solution is viable remains to be seen, but there is nothing principled about it.”

Biden proposed On Monday, he implemented term limits for judges, approved a binding ethics code and enacted a constitutional amendment clarifying that presidents do not have immunity from prosecution for official acts.

The founders were explicit: no man in America shall be king.

But the MAGA Supreme Court swept away centuries of precedent and anointed Trump and subsequent presidents as kings above the law.

That's why I'm introducing the No Kings Act to crack down on this dangerous precedent.

— Chuck Schumer (@SenSchumer) August 1, 2024

Since Schumer's bill would limit the Supreme Court's jurisdiction, Josh Blackman, a professor at South Texas College of Law in Houston outstanding in Reason that “a conviction of the President of the United States would stop with the lower courts, and most likely, the DC Circuit, which by the way, will have a majority appointed by Democrats for at least the next two decades or so. “

Blackman noted that the bill has “no chance” of passing in the current Congress, but could pass if Vice President Kamala Harris wins the election and Democrats take majorities in both chambers.

“Once the Supreme Court's jurisdiction for presidential immunity is stripped, it is only a matter of time before similar bills are passed for abortion, the Second Amendment, RFRA, etc.,” Blackman wrote. “This bottomless hole just keeps getting deeper.”

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