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A New York Democrat said Monday evening that he will try to undo the U.S. Supreme Court’s ruling on presidential immunity.
Rep. Joe Morelle had posted on the social-media site X earlier in the day that the justices had “decided former President Trump is above the law” and promised to reverse it.
“I will introduce a constitutional amendment to reverse SCOTUS’ harmful decision and ensure that no president is above the law. This amendment will do what SCOTUS failed to do — prioritize our democracy,” he wrote.
According to the Supreme Court’s 6-3 decision, presidents are absolutely immune from prosecution if their acts that exercise their core powers and “at least presumptively immune” for all other official acts.
The court didn’t toss the charges against Mr. Trump over his conduct challenging the election outcome and leading up to Jan. 6 riot, but rather ordered the trial court to determine which were official acts. At a minimum, this will delay the cases until after the election.
Constitutional amendments, the only practical way to reverse a Supreme Court decision on a constitutional matter, require the approval of two-thirds of both chambers in Congress and then by three-fourths of the states.
The prospect of passing an amendment pushed on grounds that divide the two parties are therefore slim.
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