The Supreme Court’s recent term concluded with significant rulings that have sparked controversy and calls for reform.
It is a fundamental principle of our nation that no one—including the president—is above the law.
My constitutional amendment will reverse the Supreme Court's disastrous decision which undermines the very foundation of our sacred democracy. https://t.co/Jy07tOgiE3
— Joe Morelle (@RepJoeMorelle) July 7, 2024
The court’s decision in Trump v United States, which effectively grants presidents immunity from prosecution while in office, has been met with criticism for placing the president above the law and contradicting foundational principles of the Constitution. Chief Justice John G.
In the words of Supreme Court Justice Sonya Sotomayor, “With fear for our Democracy, I dissent”.https://t.co/l1AWApQMJ9
— Grace Meng (@RepGraceMeng) July 5, 2024
Roberts, Jr., in the majority opinion, argued that presidential immunity is inherent to preserve the basic structure of the Constitution. However, critics assert that this undermines the principle of checks and balances. Laurence Tribe, a professor of constitutional law at Harvard Law School, argues that the decision fosters an imperial judiciary disguised as an imperial executive.
The dissenting justices pointed out that no previous president has needed such immunity to function effectively.
“In the end, this contrast is perhaps one of the defining — and most chilling — takeaways from the Supreme Court’s term: Justice Barrett came out of her shell. And the other Republican appointees retreated into theirs.”
Me on #SCOTUS in today’s @nytimes:https://t.co/AVg2avSSBG
— Steve Vladeck (@steve_vladeck) July 8, 2024
They argued that the risk of future presidents prosecuting their predecessors on false charges does not justify the immunity granted. Justice Amy Coney Barrett noted that a president lacks legal authority to influence state electors, and prosecuting a president for organizing alternative slates of electors should not be barred.
The ruling has raised concerns about presidential power and accountability.
Presidential immunity sparks intense debate
Critics suggest that Supreme Court reform is essential, including enforcing an ethics code, implementing term limits, and increasing the number of justices to balance the court.
There is also a push for constitutional amendments to establish a federal prosecutorial body independent of the presidency and prohibit immunity from criminal prosecution for any officeholder. The court’s conservative majority also delivered a blow to regulatory agencies by overturning the 1984 Chevron v. Natural Resources Defense Council decision, which allowed courts to defer to federal regulators’ expertise.
This shift is part of a long-standing conservative effort to limit the power of the administrative state. The decision means courts, not agencies, will interpret federal statutes unless Congress clearly directs otherwise, a move criticized for undermining the expertise and deliberative processes of federal agencies. The court’s rulings on environmental protections, abortion access, social media cases, and gun rights also highlighted the ideological battles and legal uncertainties that will influence the nation’s future.
The term exposed a rift within the conservative majority over the judicial philosophy of originalism, with some justices advocating for a historical approach while others warned of its limitations. As calls for action grow louder, the question of how to uphold the rule of law remains central to the upcoming elections. The Supreme Court’s decisions have ignited a debate on constitutional reform and the checks and balances that are integral to American democracy.
