Restoring Accountability: Rep. Morelle’s Push to Overturn Presidential Immunity Ruling
U.S. Rep Joseph Morelle (D- N.Y.) introduced a constitutional amendment in the House of Representatives on Wednesday seeking to reverse the U.S. Supreme Court’s recent controversial ruling that grants former presidents immunity from criminal prosecution.
“At its core, our nation relies on the principle that no American stands above another in the eyes of the law,” Morelle said in a statement. “I introduced this constitutional amendment to correct a grave error of this Supreme Court and protect our democracy by ensuring no president is ever above the law… Presidents are not monarchy, they are not tyrants, and shall not be immune.”
On July 1, the nation’s highest court delivered a 6-3 landmark ruling in United States v. Trump, which held that former President Donald Trump is immune from prosecution for official acts that he allegedly committed during his time in the White House. The ruling stemmed from Trump’s alleged acts to overturn the results of the 2020 election, which led to the violent attack on the U.S. Capitol on Jan. 6, 2021.
In a powerful dissent, Justice Sonia Sotomayor wrote that “never in the history of our Republic has a President had reason to believe that he would be immune from criminal prosecution if he used the trappings of his office to violate the criminal law.” She added that should an occupant of the White House misuse that official power for personal gain, this ruling will protect them. “
“With fear for our democracy, I dissent,” she wrote.
More than 40 members of Congress joined Morelle in co-sponsoring the constitutional amendment, including Rep. Jamie Raskin (D-Md.)
“Nothing has been more sacred to American constitutional jurisprudence than the idea that no one is above the law, but the Roberts Court, in a fit of neo-monarchical enthusiasm for Donald Trump, has tried to lay out the red carpet for a lawless autocratic president,” he said in a statement. “We should do everything we can in a statutory way to repair the damage, but ultimately, this will require some kind of constitutional amendment to block a fundamental change in American constitutional and political culture.”
In order for a constitutional amendment to pass it needs to overcome the steep hurdle of a two-thirds majority vote in both the House and the U.S. Senate. It could also pass through a constitutional convention called by two-thirds of the State legislatures. Despite widespread condemnation of the immunity ruling by Democrats, Republicans in Congress praised the Court’s ruling as a win for Trump.