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- cross-posted to:
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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.
The whole purpose of separation of powers into executive, legislative, and judicial branches is to prevent consolidation of power. It is supposed to be like the 3-way standoff from the Good, the Bad, and the Ugly.
I think the root problem here is that a justice shouldn’t be allowed to serve until after the president who nominated them is out of office, and if they would be otherwise eligible for another term, would no longer be permitted to run for the presidency while the justice is serving on the court. This would also cut-down on the issue of lifetime appointments by shortening their appointments by 4-8 years.
That and the President obviously shouldn’t have immunity from the law.
What happens with the vacancy on the court while we are waiting for the president to leave office? It gives the legislature plenty of time to argue about the appointment, which they will do anyways.