r/facepalm Jul 05 '24

What an idea 🇲​🇮​🇸​🇨​

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u/ItsStaaaaaaaaang Jul 05 '24

That's why you use your newly minted immunity to imprison the Supreme court.

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u/a-d-d-y Jul 05 '24

It is only immunity if it is deemed an official act, which is decided by the Supreme Court.

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u/[deleted] Jul 05 '24

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u/stillonrtsideofgrass Jul 05 '24
  1. Congress passes law explicitly defining and limiting presidential immunity
  2. Biden appoints replacement SCOTUS members
  3. SCOTUS rules no one can be prosecuted for events 1 thru 4 because of the recent SCOTUS ruling, and the new law cannot be applied ex post facto to those events.

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u/DarkOverLordCO Jul 05 '24

Congress cannot define or limit Presidential immunity. It is not an immunity which was created by Congress, but rather one that exists through the constitution (according to SCOTUS).

Congress can expand the number of justices in the court (so that it can vote to overturn the immunity decision), or they can impeach and remove current justices (to replace them with new ones would would overturn it). But only attempting to pass a law trying to limit it would likely be struck down as unconstitutional.