A New York lawmaker is launching a petition to amend the U.S. Constitution to overturn this year’s Supreme Court decision on presidential immunity.
Democrat Joe Morelle, Rochester County Representative, is calling for change.
He said the decision was made by a majority vote, largely preventing former presidents from being prosecuted for criminal conduct while in office, and that it was “one of the worst decisions in the history of this country.” ”
Morelle said, “When the Founders wrote the Constitution, they were trying to make sure that no one in America was above the law, and Donald Trump was not above the law.” “I think the Court decided to help Donald Trump.”
The Morelle Amendment, as drafted, says, “No officer of the United States, including the President and the Vice President, or any Senator or Representative in Congress, shall be criminally prosecuted for any violation of any law of the State or a violation of state law unless the alleged criminal activity is within the scope of federal law.”
The amendment would also bar the president from granting pardons.
Jonathan Nash, a lecturer at Emory University School of Law, said the justices might have taken a different path if the amendment had been on the books.
“The lower court — the D.C. Circuit — rejected the idea of presidential immunity. And I think the Supreme Court will be close to upholding it.”
Former President Donald Trump’s immunity lawsuit after one of four charges against him. The decision was strongly opposed by Democrats on Capitol Hill.
Morelle’s proposal is a gamble and would require two-thirds approval. It was approved by the U.S. House and the U.S. Senate, and then by three-quarters of the House of Representatives.
“We’re in for a long fight here,” the Rochester lawmaker said.
President Joe Biden is also calling for the Supreme Court’s immunity decision to be overturned. On Monday, he announced his proposed constitutional amendment along with his proposal to reform the Supreme Court.