Why the Courts Will Not Save American Democracy
In times of political crisis Americans have often looked to the courts for solutions. For many decades the courts played a key role in various civil rights movements, and acted as an important check on the power of government. However, as Republicans across the country enact election rigging legislation in a coordinated effort which can only be described as a second coup attempt, it is unlikely that the courts will save our democracy.
There are several reasons for this. First is that court cases are so slow that by the time a particular election rigging policy is declared unlawful by a court, its framers will likely have already cheated their way to fraudulent victories. Because there is no legal process for removing public officials if it is later determined they used illegal tactics to win, these illegitimate politicians can stay in power and continue passing such legislation.
The second problem is that for decades Republican politicians have made a concerted effort to seat conservative judges and corrupt our justice system at every level. As the putschist Republican Party plots to cement their own power, they see the courts as just another tool for this purpose. If a partisan judge presides over a legal case challenging Republic election rigging, then it is likely doomed.
Lastly, and most importantly, it is highly likely that the state level election cheating strategies Republicans are currently employing will eventually result in one or more Supreme Court cases. The current right wing Supreme Court is almost certain to declare these election rigging actions entirely legal and within the rights of states. This would be perfectly in line with the current court’s views on states rights and past anti-democracy rulings such as gutting the Voting Rights Act back and legalizing partisan gerrymandering.
It is now safe to say that the Supreme Court is already a highly undemocratic institution, not only due to the anti-democracy nature of its recent actions but also its makeup. 5 out of the 9 current Supreme Court justices were handed their lifetime appointments by politicians who represented a minority of Americans. One seat was blatantly stolen by Republicans who refused to approve Obama’s moderate pick for the court. Another is held by an unqualified beer guzzling rapist.
In the coming years as this Supreme Circus begins acting as a legal instrument of the authoritarian Republican party, pro-democracy Americans should consider whether this corrupted institution and it’s rulings should even be considered legitimate. Legal systems only hold as much power as populations grant them. As with governments, when large numbers of citizens see particular legal institutions as being illegitimate their power begins to disappear.
Sadly, we are now at a point where a large scale nonviolent movement against Republican minority rule is likely the only thing capable of protecting American democracy. In nonviolent struggle against authoritarian governments, delegitimizing and dis-empowering anti-democracy legal machinery is often highly practical. After all, it is essential that populations see those who cheat their way to electoral victory as having no right to power, regardless of rulings from a court they have already corrupted. Republicans are attempting to mask their ongoing coup attempt with a facade of legality, do not let them.
For more on what a mass movement to resist Republican authoritarianism could look like, read the article below.
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