You can thank one liberal pipe dream and one overly cautious Justice Department.

“It’s up to the Supreme Court.” These days the phrase is as much a statement of fact when it comes to a major legal issue that the justices will resolve as it is a cause for concern. After all, in the past two years alone, the conservative supermajority of justices installed by Donald Trump has upended the law on abortion, gun control, voting rights, affirmative action, executive power, and discrimination in public life.

The same group of justices is now poised to consider two major legal questions that will significantly shape — and perhaps even indirectly determine — the outcome of the 2024 presidential election. The Court’s handling of these issues will constitute a roiling, monthslong subplot of the 2024 presidential contest, one that remains, according to recent polling, a statistical dead heat between Trump and President Joe Biden and couldplausibly turn on the progress of Trump’s criminal cases before Election Day.

It is an unsettling, if not outright maddening, situation that should concern anyone who has watched the politicization and deterioration of the Court in recent years or who recalls its intervention in the 2000 election in favor of George W. Bush. The uncertainty before us is the result of two ostensibly different problems that are converging before our eyes: the emergence of a solidly conservative majority on the Supreme Court, whose decisions often align with the partisan political priorities of the Republican Party, and the Justice Department’s needless delay in moving to investigate and prosecute Trump over his effort to steal the 2020 election.

    • v_krishna@lemmy.ml
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      6 months ago

      I turn 39 this year. Growing up in the 90s it seemed like post cold war things might be looking up. Lofuckingl.

      • appel@lemmy.ml
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        6 months ago

        It did. Then SCOTUS threw the presidency to Bush and commercial airliners flew into tall buildings in NY.

        • blazeknave@lemmy.world
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          6 months ago

          Imagine the Gore timeline. I know we can agree this is the culmination of Nixon and the Southern Strategy for 60+ years. Or maybe that we let things persist by not cleaning house after the Civil War.

          But imagine the restoration of all the good will toward America deteriorated by decades of imperialism btwn WW2 and 9/11… and Gore was at the helm instead of the Neocons.

          The climate alone… peace in the middle east instead of oil wars… banking regulations… so many other timelines we’ll never know… Too much power in that court.

      • jordanlund@lemmy.worldM
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        6 months ago

        Oh, Al Gore DEFINITELY won in Florida, that was figured out in January of '01, but by then the Supreme Court had already installed Bush.

        Had they allowed the count to continue, Gore would have been President.

        https://www.theguardian.com/world/2001/jan/29/uselections2000.usa

        "In each case, if the newly examined votes had been allowed to count in the November election, Mr Gore would have won Florida’s 21 electoral college votes by a narrow majority and he, not Mr Bush, would be the president. Instead, Mr Bush officially carried Florida by 537 votes after recounts were stopped.

        In spite of the findings, no legal challenge to the Florida result is possible in the light of the US supreme court’s 5-4 ruling in December to hand the state to Mr Bush."