WASHINGTON, D.C. – At a Senate Judiciary Committee hearing today, Senator Peter Welch (D-Vt.) emphasized how the U.S. Supreme Court’s recent ruling in former President Donald Trump’s immunity case endangers the United States’ constitutional system of checks and balances and Congress’ constitutional responsibility to enforce the rule of law. Senator Welch also questioned witnesses about how the Supreme Court’s unprecedented immunity decision undermines the core democratic principle that no one is above the law. 

“At the heart of this seems to be a core dispute about whether presidential power needs immunity in order to be effective, powerful and unconstrained, or whether presidential power within the Constitution—adhering to the doctrine of separation of powers, adhering to the doctrine that no person is above the law—needs constraints,” said Senator Welch.  

Questioning Michael Mukasey, former Attorney General under President George W. Bush, Senator Welch noted, “General Mukasey, you expressed a concern about the powers of the presidency being ‘whittled away.’ My concern is the rule of law is being whittled away. My concern is that constitutional freedoms are in the process of being whittled away. What’s been whittled away are the checks and balances at the core of our constitutional system. And, Mr. Chairman, what’s being whittled away is the Article I responsibility of Congress to enforce the rule of law.” 

Senator Welch also asked Executive Director of the Institute for Constitutional Advocacy and Protection at Georgetown University Law School Mary McCord about potential ramifications of the Court’s decision to define presidential actions in office as absolutely immune. Professor McCord testified that the decision opens the doors to activities that scholars agree should not have immunity. 

Senator Welch concluded: “Mr. Chairman, this is not about the Court—this is about us. It’s about how much confidence we have in our capacity as a democracy to govern ourselves as opposed to transfer that responsibility—without limitation—to a person in an office who is not traditionally been above the law, but subject to the law, and whose responsibility is to serve us and not use authority to abuse us.” 

Watch the Senator’s full remarks below. 

Senator Welch is a cosponsor of the No Kings Act, legislation that would reaffirm that the President is not immune to legal accountability and remove the Supreme Court’s jurisdiction to hear appeals related to presidential immunity from criminal law. Senator Welch is also a cosponsor of the Supreme Court Ethics, Recusal, and Transparency Act of 2023, which the Judiciary Committee advanced this summer with unanimous Democratic support. The legislation requires the Supreme Court to adopt a code of conduct, establish a mechanism to investigate breaches of that code, recuse themselves when they have conflicts of interest in cases, and disclose gifts and income, among other provisions.  

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