Schumer won't commit to Senate votes for Biden’s long-shot radical SCOTUS overhaul

President Biden's sweeping SCOTUS proposal stands little chance of clearing significant hurdles in a divided Congress

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Senate Majority Leader Chuck Schumer, D-N.Y., praised President Biden's Supreme Court overhaul proposal on Monday but did not commit to bringing any of its components to the chamber floor for a vote, where each of them would likely fail

"I am particularly pleased President Biden called for undoing the damage of the Court’s recent immunity decision," Schumer said in remarks on the Senate floor. 

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U.S. President Joe Biden and Senate Majority Leader Chuck Schumer, D-N.Y

President Biden, left, and Senate Majority Leader Chuck Schumer, D-N.Y. (Getty Images)

"I think Congress should pursue the idea through legislation, and I’m working with my colleagues on the best way to proceed," he said. 

In reference to part of Biden's suggested overhaul, which proposes an amendment to the Constitution to assert that former presidents do not enjoy criminal immunity for acts committed in office, Schumer explained, "An option I am considering is drawing up legislation clarifying that the President is NOT immune from violations of federal law."

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Supreme Court members

The Supreme Court has faced scrutiny from Democrats. (Collection of the Supreme Court of the United States via Getty Images)

The ratification of an amendment to the Constitution is difficult, evidenced by the only 27 amendments to the document, the last of which was approved more than three decades ago, in 1992. The task is made even harder by a relatively evenly divided Congress and not enough Democratic trifectas across state governments. 

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Schumer and Senate Democratic leadership news conference

Senate Majority Leader Chuck Schumer praised the proposals but did not say whether they would see floor votes. (Alex Wong/Getty Images)

Included in Biden's three requests were term limits for Supreme Court justices, an enforceable ethics code and a constitutional amendment dictating there is no immunity for former presidents against criminal prosecution for actions taken while in office. 

Each would face near-certain failure if brought for votes in the House or Senate, as well as between the states. 

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Biden at NATO summit

President Biden revealed his Supreme Court proposal on Monday. (AP Photo/Jacquelyn Martin, File)

Schumer's office did not provide comment to Fox News Digital when asked if the proposals would get votes and, if not, why. 

The White House did not provide comment to Fox News Digital on whether Biden wanted to see the components of his desired overhaul slated for votes in the Senate. 

It has already been made clear that Biden's request will not get an opportunity in the lower chamber, effectively killing any chance it had at becoming law. House Speaker Mike Johnson, R-La., wrote in a statement on Monday, "This dangerous gambit of the Biden-Harris Administration is dead on arrival in the House." 

Julia Johnson is a politics writer for Fox News Digital and Fox Business, leading coverage of the U.S. Senate. She was previously a politics reporter at the Washington Examiner. 

Follow Julia's reporting on X at @JuliaaJohnson_ and send tips to This email address is being protected from spambots. You need JavaScript enabled to view it..

Authored by Julia Johnson via FoxNews July 30th 2024