Democratic lawmaker announces legislative attempt to overturn US Supreme Court ruling on immunity – JURIST

Democratic U.S. Congressman Joe Morelle announced Wednesday his intention to seek to overturn the U.S. Supreme Court’s ruling this week on former U.S. President Donald Trump’s immunity claims.

He said in a statement:

I propose a constitutional amendment to overturn the Supreme Court’s disastrous decision and ensure that no president is above the law. This amendment will do what they failed to do: put our democracy first. The Supreme Court’s decision will result in a radical change in the powers of the presidency unless we take immediate action to ensure that accountability, integrity, and justice prevail.

In a split decision, the Supreme Court ruled Monday that former U.S. presidents are immune from criminal prosecution for actions taken within their constitutional jurisdiction, clearing the way for Donald Trump to challenge a federal indictment accusing him of conspiring to sabotage the 2020 election.

The case, United States vs. Trumpcentered on the former president’s alleged conduct on and leading up to January 6, 2021, when supporters of then-President Donald Trump gathered outside the U.S. Capitol as Congress met to certify Joe Biden’s victory in the 2020 presidential election. As tensions escalated, some protesters stormed the Capitol, resulting in property damage, clashes with law enforcement, and a significant delay in the certification process. These events have raised widespread concerns about the security of democratic processes in the United States and have led to multiple lawsuits, including another case decided by the Supreme Court last week.

In August 2023, Trump was indicted on four counts related to the 2020 election and the events leading up to January 6. He was accused of conspiring to overturn the results of the election by pressuring election officials in key states, pressuring federal officials to sow doubt among the electorate about the legitimacy of the vote, and ultimately “exploiting” his supporters who had gathered in Washington, D.C. on January 6 “by doubling down on efforts to spread false claims of voter fraud and convince members of Congress to further delay certification.”

Trump has pleaded not guilty and asked for the charges to be dismissed on the grounds of presidential immunity. He has asked the Supreme Court to determine whether the doctrine of absolute presidential immunity shields a former president from criminal prosecution for acts committed within the “outer perimeter” of his official duties.

In its decision Monday, the Supreme Court stressed the imperative of shielding executive functions from the imminent threat of lawsuits in order to preserve the president’s ability to act nimbly in rapidly developing crises. But the decision made clear that only constitutionally mandated presidential functions are protected on this basis, concluding that neither unofficial behavior nor functions shared between the executive and legislative branches are immune from lawsuits.