The presidential election this November is a crucial moment in the history of the United States. The whole world, with the exception of autocrats, breathed a sigh of relief when Joe Biden announced on July 21 that he was giving up his bid for a second term and endorsed his vice president, Kamala Harris. The Democratic Party did not give in to its old demons and immediately and enthusiastically rallied behind Harris as the candidate.
However, whatever the outcome of the elections, the big hidden issue is the capture, which has been total since 2020, of the Supreme Court by the radical right. Six of its nine justices are typical products of the Federalist Society [the strong arm of the conservative right, which advocates an originalist interpretation of the US Constitution], and even if Harris wins the election and the Democratic Party gains a majority in both the House (which is possible) and the Senate (which will be very difficult), the Supreme Court's rightward drift will continue – whether to reinforce the powers of the presidency, defend the interests of the Republican Party (on the way to becoming a minority), dismantle certain legislation on voting rights or abortion (but not on the carrying of weapons) or attack the political and socioeconomic gains of the last 80 years.
The Federalist Society, founded in 1982 to combat the "progressive drift of the federal judiciary and the Supreme Court" (according to conservatives), has achieved its goals. 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-president inclination
It has begun to dismantle the administrative and welfare state, and seems determined to oppose all progressive measures. It has deregulated election financing, giving disproportionate weight to libertarian billionaires who are flooding campaigns with millions of dollars from their Super PACs, "special political action committees" that allow unlimited sums to be raised and spent. It also invalidated the anti-discrimination features of the Voting Rights Act, 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 is highly likely to slide into authoritarianism and illiberalism. The only counterweight would be a possible Democratic majority in the House of Representatives. But if Trump wins a majority in the Senate, he will once again be able to appoint dozens of radical judges. He will be able to count on unwavering support from this Supreme Court, which includes three justices he appointed.
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