Subterms
William Barr
‘His abuses have escalated’: Barr’s kinship with Trump fuels election fears
The attorney general has been spouting attacks on election, and, critics say, has a deep sense of mission about re-electing the president More
Just a few days after Ruth Bader Ginsburg’s passing, Donald Trump and Senate Republicans are moving quickly to appoint and confirm a replacement. A growing number of moderates, such as Eric Holder, are warning that should Republicans ram through an appointment, this fact, plus the deliberate blockade of Barack Obama’s appointment of Merrick Garland in 2016, would justify a new Democratic administration and Congress to add seats to the supreme court to restore balance.With voting already under way in the 2020 election, a rushed appointment and confirmation in this moment would be a clear partisan power play, and further collapse the legitimacy of the supreme court. But more broadly, the firestorm over Justice Ginsburg’s replacement is a reminder of how the modern supreme court has too much power in the first place. It is critical that our democracy reform agenda also consider how to reform the judiciary.Courts have too much power to radically remake our social and economic lifeFirst, courts have too much power to radically remake our social and economic life. If this latest Trump appointment goes through, the resulting 6-3 far-right majority on the supreme court would have the power and opportunity next month to invalidate the Affordable Care Act (in the middle of a deadly pandemic). They would be positioned to further gut voting rights, reproductive rights and rollback anti-discrimination protections for LGBTQ+ and Black and brown Americans, while further shielding police departments and immigration officials from accountability for racist state-sponsored violence against people of color. While courts have at times also ruled in more progressive directions to advance rights and equity, on balance this concentration of power without sufficient accountability is a threat to democracy – and to the ability of our communities to thrive.Second, courts today are a threat to democracy because of how they have been weaponized to skew political power and insulate extreme conservative coalitions from democratic accountability. Over the last decade, conservative jurists and their aligned partisans in the states and the Congress have combined to radically shift the terms of political power in the country towards corporations and away from working class communities and Black and brown communities in particular. More
Ruth Bader Ginsburg
‘She was what America should be’: mourners bid farewell to Ruth Bader Ginsburg
Justice’s casket sits on supreme court steps in Washington as mourners pay respects – and raise fears for future More
Opinion
US constitution and civil liberties
Republicans will replace RBG but Democrats hold the trump cards – no, really
David Litt
Progressives should not worry about what will happen if they mimic McConnell’s constitutional hardball. Their representatives need only act with a little less restraint More
Senator says he intends to vote if nominee reaches floor
Mitch McConnell non-committal on timeline of nomination vote
Former Pence adviser calls Trump’s virus remarks ‘frightening’
Why Trump’s courts power grab is more than just a political win
AOC on supreme court battle: ‘This is not the time to give up’
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Opinion
US supreme court
To protect our democracy, Democrats must win state legislative elections
To prevent a sharp rightward tack in US law, we must elect more Democratic state lawmakers, flip chambers and break Republican supermajorities More
Supporters of Donald Trump hit on a new chant at a campaign rally in North Carolina at the weekend.In 2016, it was “Lock her up! Lock her up!”In 2020, it’s “Fill that seat! Fill that seat!”The “seat”, of course, refers to the supreme court vacancy created with the death on Friday of Ruth Bader Ginsburg, the liberal justice whose replacement with a conservative by Trump could remake American life under the law for generations.For the aggressively informal air of a typical Trump event, a supreme court-themed chant might not seem like an obvious crowd-shaking rallying cry. But Trump’s success at appointing conservative judges is not only a political winner for Trump: it amounts to a true and towering legacy.“I’m going to be up to 280 judges very soon,” Trump bragged to the journalist Bob Woodward in remarks that Woodward captured on tape and released Sunday. “Nobody’s ever had that. Two hundred and eighty. You know? Nobody’s ever had that.”Trump’s number was characteristically inflated: the number of judges he has placed on district- and circuit-court benches and the supreme court totals 214 (out of 865 total); a Ginsburg replacement would make 215.But Trump was exactly right that “nobody’s ever had that” many appointees to the bench so quickly – meaning that no president has done more to shape the future of American life under the law on issues from discrimination claims to marriage equality to gun control.Trump is trying to boost Republican turnout in the election by communicating that the fate of the landmark Roe v Wade supreme court ruling protecting abortion rights is on the line, said Nan Aron, president of the progressive Alliance for Justice advocacy group.“Republicans have long seized on the judiciary as a reliable tool to galvanize their base before an election,” Aron said. “It strikes me at this point it’s a desperate measure on the part of this administration, to appeal to their voters to actually go to the polls.” More
Opinion
Abortion
Ruth Bader Ginsburg’s death means pro-choicers have a fight on their hands
Zoe Williams
The issue of abortion is now centre-stage in the US presidential election. Campaigners must seize the opportunity More
