TThe presidential election next November constitutes a crucial moment in the history of the United States. The whole world, except autocrats, breathed a sigh of relief when Joe Biden announced on July 21 that he was giving up running for a second term and supporting his vice president, Kamala Harris. The Democratic Party did not give in to its old demons and immediately and enthusiastically rallied around Harris as its candidate.
But whatever the result of the elections, the big hidden issue is the capture, total since 2020, of the Supreme Court by the far right. Six of its nine judges are typical products of the Federalist Society (the armed wing of the conservative right, which advocates an originalist interpretation of the American Constitution), and even if Harris wins the elections and the Democratic Party obtains a majority in the House (which is possible) and in the Senate (which will be very difficult), the rightward drift of the Supreme Court will continue. Whether it involves strengthening the powers of the presidency, defending the interests of the Republican Party (on the verge of becoming a minority), dismantling certain legislation on the right to vote or abortion (but not on the wearing of weapons), or even to attack the socio-economic policies and achievements of the last 80 years.
The Federalist Society, founded in 1982 to fight against the “progressive drift of the federal judiciary and the Supreme Court” (according to conservatives), achieved its objectives. While the courts of Earl Warren, chief justice from 1953 to 1969, and his successor, Warren Burger, from 1969 to 1983, ordered desegregation in 1954 and recognized a federal right to abortion in 1973, among other things , today’s Supreme Court has attacked the political process.
Pro-presidential tilt
He has begun to dismantle the administrative and social state and seems determined to oppose all progressive measures. He deregulated election financing, giving disproportionate weight to libertarian billionaires who flood election campaigns with millions of dollars from their super PACs, “special political action committees” that raise and spend unlimited sums. He also struck down the Voting Rights Act’s anti-discrimination provisions, before rolling back the constitutional right to abortion in 2022 and stripping agencies of their regulatory power in 2024.
If Trump is elected, the country risks falling into authoritarianism and illiberalism. The only counterweight would be a possible Democratic majority in the House of Representatives. But if Trump gains a majority in the Senate, he will once again be able to appoint dozens of radical judges. He will be able to count on the unwavering support of this Supreme Court, which includes three judges he appointed.
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