Alex Padilla U.S. Senator for California

WASHINGTON, D.C. — Today, U.S. Senator Alex Padilla (D-Calif.), a member of the Senate Judiciary Committee, joined Senate Majority Leader Chuck Schumer (D-N.Y.) and 32 of his Democratic 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.

On July 1, 2024, the Supreme Court took the unprecedented step to upend the basic principle of our democracy that no person is above the law. In response, the No Kings Act would reaffirm that the President is not immune to legal accountability and ensure the Supreme Court cannot upend that most basic principle again. Earlier this week, President Biden proposed related reforms, which Padilla endorsed, to restore trust in and accountability for our judiciary, including making clear that no President is above the law or immune from criminal prosecution.

“In America, our democracy is built on the pillar that nobody is above the law — not Members of Congress, not Supreme Court Justices, and not even current or past Presidents,” said Senator Padilla. “One month ago, the extremist wing of the Supreme Court shattered that fundamental principle, contradicting American values, our history, and the text of the Constitution. I join the chorus of my Democratic colleagues urging immediate congressional action to correct this dangerous precedent and ensure that any President who has violated criminal law is held accountable.”

“In a dangerous and devastating ruling, the MAGA Supreme Court has once again subverted the will of the American people, and the very idea of democracy itself,” said Leader Schumer. “The Founders were explicit — no man in America shall be a king. Yet, in their disastrous decision, the Supreme Court threw out centuries of precedent and anointed Trump and subsequent presidents as kings above the law. Given the dangerous and consequential implications of the Court’s ruling, legislation would be the fastest and most efficient method to correcting the grave precedent the Trump ruling presented.  With this glaring and partisan overreach, Congress has an obligation — and a constitutional authority — to act as a check and balance to the judicial branch.”

Specifically, the No Kings Act would:

• 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.

• 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.

• 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.

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 decisions from the Supreme Court when lawmakers believed the Court misapplied the Constitution. A summary of Congress’s history of legislating constitutional issues is available here.

In addition to Senator Padilla, the legislation is also cosponsored by U.S. Senators Tammy Baldwin (D-Wis.), Richard Blumenthal (D-Conn.), Cory Booker (D-N.J.), Laphonza Butler (D-Calif.), Ben Cardin (D-Md.), Tom Carper (D-Del.), Bob Casey (D-Pa.), Chris Coons (D-Del.), Tammy Duckworth (D-Ill.), Dick Durbin (D-Ill.), Kirsten Gillibrand (D-N.Y.), Martin Heinrich (D-N.M.), John Hickenlooper (D-Colo.), Mazie Hirono (D-Hawaii), Angus King (I-Maine), Amy Klobuchar (D-Minn.), Ben Ray Luján (D-N.M.), Ed Markey (D-Mass.), Jeff Merkley (D-Ore.), Patty Murray (D-Wash.), Gary Peters (D-Mich.), Jack Reed (D-R.I.), Bernie Sanders (I-Vt.), Brian Schatz (D-Hawaii), Jeanne Shaheen (D-N.H.), Debbie Stabenow (D-Mich.), Chris Van Hollen (D-Md.), Raphael Warnock (D-Ga.), Elizabeth Warren (D-Mass.), Peter Welch (D-Vt.), Sheldon Whitehouse (D-R.I.), and Ron Wyden (D-Ore.).

Senator Padilla believes firmly in the American principle that no one is above the law. Earlier this week, Padilla applauded President Biden’s three proposed reforms to restore trust in and accountability for our judiciary, including a constitutional amendment making clear that no President is above the law or immune from criminal prosecution. Last month, Padilla condemned the Supreme Court ruling in Trump v. United States granting former President Donald Trump partial immunity from criminal prosecution.

Full text of the No Kings Act is available here.

A one-pager summarizing the bill is available here.

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