Hickenlooper, Colleagues Introduce Bill to Fix SCOTUS Decision Giving Presidents Immunity for Crimes

Legislation comes on the heels of the Supreme Court ruling that presidents are above the law and immune from criminal prosecution for official actions

WASHINGTON – Today, U.S. Senator John Hickenlooper joined 34 of his Senate colleagues in introducing the No Kings Act, which would reaffirm that presidents and vice presidents do not have immunity for actions that violate federal criminal law and clarify that Congress, not the Supreme Court, determines to whom federal criminal laws may be applied.

“No American is above the law. Our founders built our democracy on that idea and we have to make clear it applies to everyone,” said Hickenlooper.

The legislation follows the recent decision in Trump v. United States, in which the Supreme Court ruled that a former president is entitled to immunity from criminal prosecution for official actions undertaken while president.

Specifically, the No Kings Act would: 

1. 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.
   
2. 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. 
   
3. 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.

For full bill text, click HERE. For a one pager on the bill, click HERE.

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. A summary of Congress’s history of legislating constitutional issues can be found here.

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