Steering the Fate of American Democracy: The Supreme Court's Role
From a speculative perspective, predicting the Supreme Court's decisions can be challenging; nevertheless, the institution's impact on weakening democratic government in the U.S. over the past few decades is undeniable, tracing back to Bush v. Gore, and subsequent cases like Holder v. Shelby County. The Court has played a significant role in dismantling crucial legislation, such as parts of the Voting Rights Act and the Citizens United Act, thereby opening the floodgates for unregulated corporate spending in elections. Over time, these trends have only intensified.
In recent years, it's essential to remember the historical context for the mounting concerns about democratic governance in America, particularly since 2017. Despite the emergence of an Anti-Trump movement, many Americans have expressed concerns about Trump's performance in office. Crucially, some nurtured the optimistic belief that the courts would save democracy during this period.
However, as the Supreme Court has shown, the law, while possessing immovable rules and an inherent commitment to justice, may ultimately fail to live up to these expectations. Politicians may continue to lie, but under oath, they face the penalty of perjury. As the norms seem to vanish, the law remains a steadfast, albeit flawed guardian of our justice system.
The Trump impeachment trials served as a testament to this, as several judges and jurors publicly mocked the Trump administration's tactics at several points. Over the two-and-a-half years between the entry of the 6th January insurrection charges and October 2023, a total of almost 600 insurrection suspects pled guilty, with over 100 others found guilty in court. These trials underscored the successful prosecution of domestic terrorism not merely as a series of individual attacks but as a broader movement that can be targeted and dismantled.
The timing of these trials, specifically during this unique chapter in American political history, forcefully recalled the Supreme Court's tenuous relationship with elections and voting rights from the 21st century. While these cases did not concern abortion or the 6th January attack in the narrowest sense, they raised important questions about the functioning of government and the upholding of constitutional rights. Unfortunately, as the Court shifts to the right in the coming months, hope for the law fitting in where the norms fail becomes more elusive. Instead, it may inadvertently make our attempts to save our democracy even more challenging.
Proof Points
In supporting these claims, enrichment data highlights several pertinent examples of the Supreme Court's decisive impact on American democracy.
Elections
- Voter Suppression and Voting Rights Act (VRA): The Shelby County v. Holder (2013) and Brnovich v. Democratic National Committee (2021) decisions rearranged voting laws across the United States, weakening national guidance on voting and potentially disenfranchising voters, particularly minorities.
- Campaign Finance and Judicial Elections: High-stakes Supreme Court elections, like Wisconsin's 2021 and 2023 races, saw enormous financial backing from billionaire megadonors, indicating that wealth and ideology significantly shape the course of judicial appointments and electoral politics.
Fundamental Rights
- Immigration and Birthright Citizenship: President Trump's executive order for the redefinition of birthright citizenship, which aimed to deny citizenship to children of noncitizens, was blocked by federal courts as unconstitutional.
- Environmental Regulations and Judicial Review: The Supreme Court has weighed in on various environmental regulations, including the EPA's "good neighbor" rule, indicating a continued focus on the environment despite the Trump administration's attempts to delay regulatory oversight.
- Student Borrower Rights: The Supreme Court has granted temporary stays in student loan cases, allowing the Department of Education the opportunity to adjust its stance under new presidential administrations.
General Trends
- Partisan Influence: The Supreme Court's decisions reflect the ideological leanings of its justices, which in turn substantially impact the functioning of American democracy. The conservative majority's influence has resulted in favorable interpretations of electoral rules and constitutional rights in ways that prioritize state interests over federal protections.
- Administrative Changes: The Supreme Court has displayed remarkable flexibility in accommodating administrative changes during presidential transitions, which has come to the fore during the Trump administration, especially in the handling of student loan cases.
Conclusion
In conclusion, the Supreme Court has become a deciding factor in shaping American democracy, with substantial influence over electoral laws, the interpretation of fundamental rights, and the integration of administrative changes. The partisan nature of the Court's decisions and the inherent conservatism of its current majority have been foundational in reshaping the democratic landscape, as well as conservative values across various policy areas.
