Congress responds to Supreme Court rulings

The recent Supreme Court decisions eliminating Chevron deference and granting presidents all-but blanket immunity have prompted responses from Congress, both to support and invalidate the rulings.

No Kings Act

In response to the High Court’s presidential immunity ruling, over 30 Democratic Senators joined Majority Leader Chuck Schumer (D-NY) and introduced a bill that would overturn the decision. The “No Kings Act” would reaffirm that the president is not immune from legal accountability and remove the Supreme Court’s jurisdiction to hear appeals related to presidential immunity from criminal law. The bill would clarify that Congress, not the Supreme Court, determines to whom federal criminal laws may be applied.

In a direct attack on the Court, the Act would remove the Supreme Court’s appellate jurisdiction for all actions challenging the constitutionality of the legislation. The bill would allow presidents and vice presidents to challenge the constitutionality of the No Kings Act only in the District Court for the District of Columbia. Any appeal would be handled by the 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.