When I initially set out to write this article at the beginning of July, it was to express the importance of voting for the Democratic nominee in the upcoming election, especially in regard to how the outcome would affect the Supreme Court. Support amongst our party sometimes felt more resigned than enthusiastic when it came to supporting Joe Biden, I felt similarly–though of course I would vote for just about anyone running against Donald Trump. What a month this has been! So much has changed in such a short period of time!
The importance of electing Democrats, particularly in relation to the Supreme Court, hinges on several factors that can significantly impact the American legal and political landscape. Of course we know that the President of the United States nominates Supreme Court justices, naturally if a Democratic president is in office, they are more likely to nominate justices who align with progressive values. These judges serve lifetime appointments.
Democratic-appointed judges and justices are generally more inclined to support protections for civil rights including LGBTQ+ rights, racial equality, and gender equality. We unfortunately witnessed how the composition of the Supreme Court can profoundly impact decisions on reproductive rights in 2022 with the overturning of Roe V. Wade–the five decade old landmark case that granted a federal constitutional right to safe and legal abortions. Furthermore, judges appointed by Democrats tend to support the constitutionality and expansion of healthcare initiatives such as the Affordable Care Act (ACA) that ensures broader access to healthcare for millions of Americans.
Judges appointed by Democrats are often more sympathetic to efforts aimed at combating climate change and protecting the environment. This includes upholding regulations imposed by agencies like the Environmental Protection Agency (EPA). As we endure yet another summer with record high temperatures across the country and as we enter yet another devastating tropical storm and wildfire season, the importance of preserving the planet cannot be stressed enough.
Since federal judges serve for life, the impact of judicial appointments by a Democratic administration can last for decades, influencing the legal landscape long after the appointing president has left office. However! There may be hope upon the horizon yet! As I stated at the start of this article, several historical events have been set into motion since I began this writing.
In early July, New York Democratic Representative Alexandria Ocasio-Cortez introduced articles of impeachment against Supreme Court Justices Samuel Alito and Clarence Thomas, citing their failure to exclude themselves from cases with clear conflicts of interest and not disclosing financial ties and gifts. AOC argues that their actions constitute high crimes and misdemeanors posing a significant threat to the integrity of American democracy. This move follows criticism of other justices for similar issues, highlighting concerns over judicial ethics on the Supreme Court.
Then, in late July, President Joe Biden proposed major reforms for the Supreme Court, including an enforceable code of ethics, term limits for justices, and a constitutional amendment limiting presidential immunity. While these proposals will face many challenges, they aim to address declining public confidence in the court amid the aforementioned ethical controversies. President Biden has suggested limiting justices to 18-year terms and making the court’s ethical code enforceable, similar to the existing rules for other federal judges. Additionally, President Biden seeks to amend the Constitution to ensure former presidents can be prosecuted for crimes committed while in office. This proposal has of course sparked debate with Republicans who criticize it as an attempt to undermine the court.
Finally, in perhaps some of the most exciting news to occur during this historic-event-laden July, the announcement of Kamala Harris’s nomination as the Democratic presidential candidate has reinvigorated the party’s enthusiasm. Her nomination has been seen as a beacon of hope for a more inclusive, equitable, and progressive future in American politics. Voter registration has climbed by the thousands, over $200 million in donations for the Democratic party was raised during the first week after her candidacy was announced, and she is leading in the polls in most swing states.
As we move forward it is essential to maintain this momentum. Check your voter registration status, encourage your community to participate, and stay engaged in both national and local elections. Democrats could have a profound impact on the future of the Supreme Court and American Society for generations to come. Together we can shape a future that upholds justice, equality, and progress for all.
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