By Lisa Appelson
I think that for most Jewish women, Ruth Bader Ginsberg was one of the most memorable figures to serve on the U.S. Supreme court. Unfortunately, the make-up of the court hasn’t been the same since her death in 2020.
Republican Supreme Court-related shenanigans really began in 2016 when the GOP majority led-Congress refused to confirm President Obama’s nomination of a new justice to replace Justice Anthony Scalia. Scalia died in mid-February 2016, but the GOP refused to schedule a vote on Obama’s nominated replacement, Merrick Garland, by claiming it was an election year.
They held off throughout Obama’s term and then upon Trump’s election, they raced to confirm Neil Gorsch (2017), Brett Kavanagh (2018) and finally Amy Comey Barrett on October 26, 2020. Barrett’s confirmation came so late in Trump’s term that early voting had already started for the next election.
Hard Turn to the Right
These two acts, led by Mitch McConnell and the Senate Republicans, solidified Trump’s stamp on the Supreme Court, creating a 6-3 conservative majority.
This new direction of the court has ended up with some of the worst decisions in our lifetime, affecting abortion and reproductive rights, voter rights, gun safety, affirmative action, and more. These decisions have had a negative impact on the health and freedom of every American.
This court is also playing a part in slow-rolling common sense decisions that could delay Trump facing justice before the upcoming election.
These decisions and actions infuriate citizens committed to social justice, causing them to have less confidence in the courts. We all wonder how the situation can ever re-balance.
Court Future in Jeopardy
Although the media has remained laser-focused on the ages of the two presidential candidates, two sitting Supreme Court justices are well over retirement age. Both will be sure to step down if Trump is reelected, confident that equally conservative candidates will replace them.
Justices Clarence Thomas is 76 years old and Samuel Alito is 74. These two jurists have skewed the court in a massive conservative bent with their adherence to originalism. This is a fairly recent principle designed to interpret how the U.S. constitution would have been understood when it was written more than 250 years ago!
As dangerous as these two are to our personal freedom, the greatest threat lies ahead: nomination of two younger jurists following this same reactionary path. Given the lack of forced retirement for Supreme Court justices, this will have a long-term impact on justice in the U.S.
While there are many sound reasons to re-elect President Biden, the future of the Supreme Court is even more critical to the future of democracy than hot button issues like balancing the budget or supporting Israel. The long-term future of human rights hinges on the health of our courts. Take the time to register now. Then vote in November to play a crucial role in saving democracy.
Lisa Appelson is vice chair of social media for American Democrats in Israel.
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