In a significant political development, Rep. Joe Morelle (D-N.Y.) announced on Monday that he plans to introduce a constitutional amendment to counteract the Supreme Court’s recent ruling, which largely shields former presidents from criminal prosecution for actions taken while in office.
The Supreme Court’s 6-3 decision, issued on Monday, ruled that presidents have absolute immunity for actions that fall within the core responsibilities of their office and are “at least presumptively immune” for all other official acts.
This ruling handed former President Trump a victory in his federal election subversion case in Washington, D.C., sending the case back to a lower court to decide whether his actions on January 6 merit protection from criminal prosecution.
In response, Morelle took to the social platform X to voice his intention to introduce a constitutional amendment. “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,” Morelle wrote.
The Supreme Court’s ruling has sparked considerable criticism from various Democrats, who argue that the decision violates the fundamental principle that no one, not even the president, is above the law.
They contend that the Supreme Court’s interpretation runs counter to the intentions of the nation’s founders.
Justice Sonia Sotomayor, who wrote the dissent joined by the two other liberal justices, emphasized the gravity of the ruling, stating, “In every use of official power, the President is now a king above the law.”
This sentiment has been echoed by Democratic leaders who believe that the ruling grants excessive immunity to presidents, undermining the accountability essential to a functioning democracy.
When the Supreme Court rules on a constitutional issue, the judgment is virtually final and can only be altered by a constitutional amendment or a new ruling. Morelle’s proposed amendment aims to do just that—reverse the Court’s decision and reinforce the principle that no president is above the law.
This move by Morelle signals a robust response from Democrats who are committed to ensuring that presidential accountability remains intact. The proposed amendment will undoubtedly spark further debate and scrutiny as it moves through the legislative process.
