Senators introduce No Kings Act in wake of Supreme Court ruling

WASHINGTON, D.C. – Last week, U.S. Sen. the Rev. Raphael Warnock, D-Ga., and 34 of his Democratic Senate colleagues introduced the No Kings Act, legislation that would reaffirm that presidents and vice presidents do not have absolute executive immunity for actions that violate federal criminal law and to clarify that Congress — not the Supreme Court — determines to whom federal criminal laws may be applied.

The very basis of U.S. democracy is based on the idea that no person is above the law, but on July 1, 2024, the Supreme Court took the unprecedented step to overturn this most simple premise of our constitutional order. The No Kings Act reaffirms that the president is not immune to legal accountability and removes the Supreme Court’s jurisdiction to hear appeals related to presidential immunity.

“The Supreme Court’s presidential immunity decision has further eroded its confidence with the American people and hollows out the notion that no one person is above the law,” Warnock said. “That is why Congress must pass the No Kings Act to exercise its oversight role and preserve a system of checks and balances that holds all public servants to the highest of ethical, moral and legal standards. For the good of our democracy, we must get this done.”

The No Kings Act would:

— Reaffirm that presidents and vice presidents do not have immunity for actions that violate U.S. criminal law. No president or vice president (former or sitting) would be entitled to immunity from criminal prosecution for actions that violate the criminal laws of the United States. The bill would clarify that Congress, not the Supreme Court, determines to whom federal criminal laws may be applied.

— Remove the Supreme Court’s appellate jurisdiction for all actions challenging the constitutionality of this legislation. The bill would allow presidents and vice presidents to challenge the constitutionality of the No Kings Act in the United States District Court for the District of Columbia. Any appeal would be handled by the United States Court of Appeals for the District of Columbia Circuit. Using the Exceptions Clause of Article III of the Constitution, Congress would preclude the Supreme Court from hearing any appeals to these challenges. It would further remove the Supreme Court’s appellate jurisdiction to interfere with any criminal proceedings involving presidents or vice presidents on the basis that an alleged criminal act was an official action.

— Establish additional jurisdictional and procedural guardrails. The bill would allow the United States to bring criminal actions against a president or vice president in any applicable district court or the United States District Court for the District of Columbia. It would also create a presumption of constitutionality for the No Kings Act unless a party establishes its unconstitutionality with clear and convincing evidence. Lastly, the bill would create statutes of limitations of 180 days for facial constitutional challenges and 90 days for as-applied constitutional challenges.

Across American history, Congress has exercised its authority to legislate on constitutional matters. From civil rights to religion to regulating elections, Congress has often enacted federal statutes directly contravening constitutional decisions from the Supreme Court when lawmakers believed the court misapplied the Constitution.

In addition to Warnock, the legislation was co-sponsored by Senate Majority Leader Chuck Schumer, D-N.Y.; and Sens. Mazie Hirono, D-Hawaii; Brian Schatz, D-Hawaii; Ben Ray Luján, D-N.M.; Jack Reed, D-R.I.; Richard Blumenthal, D-Conn.; Tom Carper, D-Del.; Peter Welch, D-Vt.; John Hickenlooper, D-Col.; Bob Casey, D-Pa.; Chris Coons, D-Del.; Jeanne Shaheen, D-N.H.; Tammy Baldwin, D-Wis.; Jeff Merkley, D-Ore.; Ben Cardin, D-Md.; Dick Durbin, D-Ill.; Elizabeth Warren, D-Mass.; Patty Murray, D-Wash.; Chris Van Hollen, D-Md.; Ed Markey, D-Mass.; Tammy Duckworth, D-Ill.; Amy Klobuchar, D-Minn.; Laphonza Butler, D-Calif.; Sheldon Whitehouse, D-R.I.; Bernie Sanders, I-Vt.; Cory Booker, D-N.J.; Kirsten Gillibrand, D-N.Y.; Ron Wyden, D-Ore.; Angus King, I-Maine; Martin Heinrich, D-N.M.; Debbie Stabenow, D-Mich.; Alex Padilla, D-Clif.; and Gary Peters, D-Mich.

File Photo