SCOTUS: U.S. Democracy on a Knife Edge

“In just two years, this court has rearranged America’s system and dragged it back to the 40s by systematically undoing major legislation..“ —Anthony Ogbo

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President Joe Biden has been very outspoken about his thoughts that the Supreme Court dominated by rightwing justices, cannot be relied upon to uphold the rule of law. In June 2022 for instance, after this Court overturned Roe v. Wade, he said, “Make no mistake: This decision is the culmination of a deliberate effort over decades to upset the balance of our law. It’s a realization of an extreme ideology and a tragic error by the Supreme Court, in my view.”

In a typical democratic process, the three arms of government play a crucial role in ensuring a balance of power and upholding the principles of justice, accountability, and transparency. These three branches – the executive, legislative, and judiciary – work together to ensure the smooth functioning of a democratic system.

However, the current political trends in the American system might suggest otherwise. SCOTUS, conservative to the bone marrow, appears to be the only overbearing arm in the system, indirectly changing the existing rules, and dictating or interpreting them to suit their radical interests.

The key recent rulings of this far-right Supreme Court have been trending. These rulings have a serious impact on various issues, ranging from civil rights to environmental regulations. Indeed, SCOTUS is overly focused on destructively conservative ideology and this has drastically affected the rights of marginalized communities, such as women, racial and ethnic minorities, and the LGBTQ+ community.

Recent rulings so far are posing serious consequences for the lives and well-being of millions of Americans and could undermine the progress that has been made toward a more equitable and just society.

In just two years, this court has rearranged America’s system and dragged it back to the 40s by systematically undoing major legislation. For instance, in June 2022, in a historic and far-reaching decision, this court officially reversed Roe v. Wade, declaring that the constitutional right to abortion, upheld for nearly a half-century, no longer exists.

Another surprising but historic decision came around June 2023 when this court effectively ended race-conscious admission programs at colleges and universities nationwide. In a decision divided along ideological lines, the six-justice conservative supermajority invalidated admissions programs at Harvard and the University of North Carolina. Now, most other colleges are following that precedent.

We can go all day recalling very daring policies bastardized by the conservative majority of this court. For instance, the striking down of President Biden’s groundbreaking plan to forgive some or all federal student loan debt for tens of millions of Americans; and a controversial ruling against the LGBTQ protections in favor of a Christian web designer in Colorado who refuses to create websites to celebrate same-sex weddings out of religious objections.

But their mission is not over. In just this week alone, this court agreed to hear an appeal brought by a man charged with offenses relating to the Jan. 6, 2021, assault on the U.S. Capitol in a case that could have a major impact on the criminal prosecution of former President Donald Trump. That was not enough. It further handed the Texas Republicans a huge win when it ruled that the map in GOP-run Galveston County could be used, despite concerns that it was discriminatory against minority voters because it took away the only district dominated by Black and Latino voters.

The latest show of power by the Supreme Court has exposed the porosity of the democratic process. In addition, appointing politicians radicalized by dire social ideologies and party extremists to the Supreme Court raises questions about its objectivity and impartiality.

Here is a feasible remedy. While voters whine about immigration, abortion, gun control, etc., voters must take seriously the power of this court and its capacity to shape the future direction of the United States. Thus, curtailing their excesses requires a Democratic-led House and Senate to push through a more objective legislative agenda without objections. Giving the system another chance to induct more right extremists into this Court might be self-destructive.

♦Publisher of the Guardian News, Journalism and RTF Professor, Anthony Obi Ogbo, Ph.D. is on the Editorial Board of the West African Pilot News. He is the author of the Influence of Leadership (2015)  and the Maxims of Political Leadership (2019). Contact: anthony@guardiannews.us