How a bill from Chuck Schumer could completely negate SCOTUS’ immunity ruling: legal expert

06 August 2024

Progressive legal expert Elie Mystal has been sounding the alarm about the U.S. Supreme Court's controversial 6-3 immunity ruling in Trump v. the United States. The ruling, according to Mystal, is dangerous because it gives presidents "absolute immunity" from criminal prosecution for "official" acts rather than merely "qualified immunity."

The ruling, Mystal has argued, makes the prospect of Donald Trump returning to the White House in January 2025 all the more dangerous.

But Mystal sees a hopeful sign in the form of a bill being promoted by Senate Majority Leader Chuck Schumer (D-New York): the No Kings Act of 2024.

In an article published by The Nation on August 6, Mystal explains, "Schumer's bill would make it so that presidents and vice-presidents, as well as former presidents and vice-presidents, 'shall not be entitled to any form of immunity (whether absolute, presumptive, or otherwise) from criminal prosecutions for alleged violations of the criminal laws of the United States unless specified by Congress.' The legislation would flatly overturn and revoke the immunity invented by the Supreme Court for Donald Trump. This alone is a significant step. "

According to Mystal, the "most important part of" Schumer's bill "is that it attempts to SCOTUS-proof the legislation so that the Supreme Court cannot simply ignore the will of Congress."

"The bill states that the Supreme Court 'shall have no appellate jurisdiction' over the act," Mystal notes. "This means that the Court cannot declare the bill unconstitutional or use another case to restore the absolute immunity the bill takes away."

Mystal adds, "Instead, the bill specifies that any objections to the constitutionality of the legislation must be filed in Washington, D.C. and heard by the Court of Appeals for the D.C. Circuit. "

Elie Mystal's full article for The Nation is available at this link.

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