The year 2016 proved itself truly politically significant.
For the first time in the history of the United States, a major political party nominated a woman for presidency. Hillary Clinton, for better or worse, is now the standard bearer for the Democratic Party. She is now the protector of the Progressive Movement, which I believe she is more than qualified to do; however, some within the liberal movement see her as the “status quo” candidate, incapable of moving the country forward. On the Republican side of the election, a man with no government background and a vitriolic voice is nominee. Donald Trump, a complicated and disorienting figure, convoluted the ideology of the Conservative Movement.
These two captivating stories dominated the political discourse, which in turn, silenced the nuances of what this election could mean for our country’s future, and the most important nuance of all, the Supreme Court of the United States, now hangs in the balance. The Democratic and Progressive Movements must move beyond our minor differences or risk losing the court and its power for change for decades to come.
On the 13th of February, a titan of our judicial system passed away. Antonin Scalia, appointed by President Reagan in 1986, became a pillar of the conservative understanding of the Constitution. Justice Scalia was a vociferous defender of the idea of Originalism (the notion the Constitution interprets only through the lens of the Founders’ intents at the time of ratification). He loathed the idea of the “living Constitution,” which sees our nation’s founding document as malleable to the changing times surrounding it. For three decades, Scalia fought the Progressive Wing of the court on this interpretation, and with a magnetic and commanding voice, he bent the Supreme Court towards this Originalist supposition of our founding principles. With his passing, the dynamics of the court are now in flux, and the stakes of our current presidential election increased tremendously.
On Election Day this November, the Progressive Movement in the United States could begin a new liberal era in the Supreme Court. President Obama appointed a possible justice who would further moderate the court. He did this with the understanding if he chose someone more ideologically to the left, he would not get he/she through the conservative Congress. However, Congress decided from the very beginning replacing someone as prolific as Justice Scalia was not his right. Thus, the debate for control of the courts’ ideological disposition began.
President Obama’s pick for the seat was the honorable Merrick Garland, Chief Justice of the United States Court for Appeals for the District of Columbia and a highly-respected jurist within the judicial branch by both sides of the political divide. The Republicans decided to gamble with the court, seeing if a conservative would be elected to the presidency, and they have not allowed a vote for Judge Garland.
Now Donald Trump, an outsider of the Republican establishment, is the nominee of their party, and he threw a wrench into their power play. This show of force by the Conservative Wing of the government should be a sign to all Progressives they will do whatever it takes to control the future of the third branch of our government.
For some time now, the Republicans saw the importance of the court, while liberals allowed for its continued conservatism, despite their anger at many recent and past decisions. This anger most prominently showcased by Citizens United v. FEC, a case striking down over a hundred years of election finance reform laws, and this is just one of many cases decided by the court with wide-ranging implications for the American people and the Progressive Movement.
Right now, two of the most stalwart liberal justices, Ruth Bader Ginsburg and Stephen Breyer, are over the age of 75. If Trump or any Conservative took office, Ginsburg's and Breyer's places in the court would be in jeopardy. The Progressive legacy could be taken down piece by piece. Gay marriage laws, pro-choice laws, voting rights laws, and the Environmental Movement will all be in question.
In an election year as complicated as this one, the Liberal Movement must genuinely see the importance of the Supreme Courts' role within our government. Donald Trump and the Republican Party must not win the presidency. For far too long, they controlled judicial discourse and decision-making. In November, Liberals and Democrats from all facets of the Progressive Movement need to vote against conservative ideologies (and especially Donald Trump). If we do not, we risk losing control of the entire government, and the possible foundations of a new Progressive era for our country and its people.
