Monday, November 28, 2016

Trump's Damage to The Supreme Court May be Irreversible

The United States Supreme Court, despite some terribly wrong rulings over its history, has overall been the vehicle that has made Americans more equal and offered a protection of minorities from the tyranny of the majority.  Now, with Donald Trump poised to name a reactionary to fill the current open seat on the Court and Senate Republicans only too happy to confirm a misogynist, the Court could be irreversibly damaged for a generation of more.  Even if Trump/Pence are a one term nightmare, the damage done will long out last them.  A piece in Salon looks at this sickening reality.  Here are highlights:
Seth Masket, a political science professor at the University of Denver, published a piece for Pacific Standard arguing that Senate Majority Leader Mitch McConnell was smart to organize an unprecedented blockade of any hearings for Merrick Garland, President Barack Obama’s nominee to the Supreme Court, because the choice likely helped give Donald Trump the presidential election.
“McConnell’s move made the Supreme Court seat an issue for the presidential election,” Masket wrote. “It motivated conservatives to stay on board with the Republican presidential nominee no matter who it was.”
A lot of conservatives, especially evangelical Christians, had their doubts about a glib, insincere libertine like Trump, especially someone who had a history of donating to Democratic politicians and no record of Republican loyalty. But that empty seat on the Supreme Court, Masket argued, tipped the scales.
The tendency to cite control of the court was particularly pronounced among Trump-skeptical Republicans I spoke with. Very few of them talked about the economy but the court came up over and over again. The opposite was true when I spoke with Democratic voters.
Trump understood that as long as he promised an anti-choice, anti-labor, anti-environmentalist philosophy when appointing judges, the Republican voter base would squelch its concerns about putting such a thoroughly unqualified man in charge of the nuclear codes and fall in line. Over the summer Trump took the highly unusual step of releasing a short list of judges he would consider, heavily advertising that the list was basically handed to him by the Federalist Society and the Heritage Foundation, two far-right think tanks.
The move was brilliant precisely because Trump clearly doesn’t give two hoots about the Supreme Court or the judiciary in general, . . .
For the past week and a half, I’ve been covering what it means for Trump to have the power to fill the Supreme Court seat that was left open after the death of former justice Antonin Scalia in March — and the even more dire possibility that he’ll be able to replace one of the aging liberals on the court in the next four years. (Ruth Bader Ginsburg is 83 years old and Stephen Breyer is 78; Anthony Kennedy, the most moderate of the court’s conservative justices, is 80.)
It’s difficult to deny the conclusion that, in the end, Republican voters are more organized and focused on the long game than Democratic voters, and that ability to focus will pay off. Trump will likely be out in four years — possibly less, if the quickly mounting scandals result in enough legal troubles — but the damage he’s likely to do with his court appointments will last years and in some cases generations.
Using the courts to dismantle the right of workers to unionize, for instance, will pay off dividends for Republicans long after Trump leaves the White House in the inevitable cloud of shame and disgrace. 
It’s the same story with conservative lawyers’ chipping away at campaign-finance laws. Trump will do plenty of damage to both parties, but the free flow of money in politics means that the Republicans will be able to rebuild more easily than the Democrats, who have a much less wealthy donor base. Just as important, elevating the power and voice of the wealthy over everyone else will help Republicans continue to capture more state legislatures and congressional seats, reinforcing the horrific situation we have now, whereby a Republican minority is ruling over a Democratic majority.
The result is that Republican voters treated this election as if it were an urgent one, and millions of voters who turned out for Obama in the previous two presidential cycles couldn’t be bothered to cast ballots this time around. Perhaps if they had really understood that this election would determine the direction of the federal courts for a generation, they would have reconsidered their decision to stay home rather than vote for Hillary Clinton.

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