NY Democrat introduces constitutional amendment reversing Supreme Court immunity ruling

Rep. Joseph Morelle (D-N.Y.) introduced a constitutional amendment Wednesday seeking to undo the Supreme Court’s decision that former presidents enjoy a presumption of criminal immunity for official acts.

“Earlier this month the Supreme Court of the United States undermined not just the foundation of our constitutional government, but the foundation of our democracy,” Morelle said. “At its core, our nation relies on the principle that no American stands above another in the eyes of the law. “

Morelle’s proposed amendment would make clear that “no official may invoke immunity for criminal actions solely on the basis of the duties of their office,” the lawmaker’s office told The Hill.

The Supreme Court handed down the 6-3 decision earlier this month, ruling along ideological lines that presidents have absolute immunity for actions that fall within the core responsibilities of their office, and are “at least presumptively immune” for all other official acts.

The decision was a win for former President Trump, who filed the suit regarding his federal election subversion case in Washington, D.C. The decision first sent the case back to a lower court to decide whether his actions related to the Jan. 6, 2021, riot on the Capitol merit protection from criminal prosecution for choices made while still in the White House.

When the nation’s high court hands down a ruling on a constitutional issue, the judgment is virtually final, and decisions can only be altered with a constitutional amendment and a new ruling.

The ruling was largely condemned by Democrats, who have long argued that, under the Constitution, no one — not even the president — is above the law. By ruling Trump is immune from prosecution for certain actions, the Supreme Court went against the intentions of the nation’s founders, critics argued.

“The American people expect their leaders to be held to the same standards we hold for any member of our community,” Morelle said Wednesday. “Presidents are not monarchy, they are not tyrants, and shall not be immune.”