Analysis details options for 'actual' recourse after SCOTUS immunity ruling

02 July 2024

Many prominent Democrats, from President Joe Biden to House Minority Leader Hakeem Jeffries (D-New York) to progressive Rep. Alexandria Ocasio-Cortez (D-New York), have been calling out the U.S. Supreme Court following their 6-ruling in Trump v. the United States.

In that decision, the six GOP-appointed justices ruled that presidents enjoyed "absolute immunity" from criminal prosecution for "official" acts but not from "unofficial" acts. Justice Sonia Sotomayor, in her scathing dissent, slammed the decision as a recipe for presidents committing criminal acts and getting away with it.

In his July 2 column, MSNBC's Steve Benen lays out some actions that Democrats can take in response to the Court's "pernicious" ruling.

"Ocasio-Cortez wasn't alone in seeking legislative remedies," Benen observes. "Rep. Joe Morelle, another New York Democrat, responded to the Trump v. U.S. ruling by vowing to introduce a constitutional amendment that would reverse the Supreme Court's 'harmful immunity decision and ensure that no president is above the law'…. There are a couple of ways to assess efforts like these."

The MSNBC columnist continues, "The first is on the merits, and on that front, it's easy to be sympathetic to the Democratic proposals. The Supreme Court's radicalized Republican majority has taken indefensible steps in recent years, but to elevate the presidency above the law is a uniquely pernicious act…. The second, however, is more pragmatic."

Benen argues that while some of the things Democrats are proposing are a heavy lift — packing the High Court, impeaching justices — Democratic opponents can "look to voters" to help shape the Court's makeup.

"If Congress can't fix what Republican justices have broken, what is the remedy?" Benen writes. "There is 'very little we can do except elect a Democrat (as president) who will appoint vacancies if Democrats hold (the) Senate/ Democratic Rep. Steve Cohen of Tennessee told Axios. In other words, those looking for a recourse shouldn't look to Congress — they should look to voters, who now have an added reason to choose wisely."

Steve Benen's full MSNBC column is available at this link.

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