OPINION: The biggest threat to democracy

A second Donald Trump presidency poses a myriad of concerns, such as the Project 2025 plan baked up by a scary group of far-right partisans, weaponization of the Department of Justice to punish his enemies and allow him to dismiss the numerous felony lawsuits crawling through the courts and embrace of Vladimir Putin and other brutal dictators.

The biggest threat to democracy, though, may be the impact upon the judiciary. The packing of the Supreme Court by Trump and former Senate Majority Leader Mitch McConnell shows the lengths the far right is willing to go to. By choosing from lists of candidates provided by the far-right Federalist Society, Trump appointed very conservative, young and inexperienced jurists to the lower courts.

Left behind is the policy of “stare decisis,” which each of the three Supreme Court justices appointed by Trump said they supported during congressional hearings. “The doctrine of stare decisis, of adherence to precedent, is a crucial feature of common law (e.g., Hayek 1960, Stone 1985, Posner 2003). Respect for precedents gives common law its stability and predictability,” according to a paper by the Harvard Law School.

Since being seated, the three new justices have overturned long-standing legal precedents, including the right for women to receive abortions and the ability of agencies to help interpret broad laws, and granted Trump and future presidents near legal amnesty for laws broken during their presidencies. The latter ruling (Trump vs. U.S.) might have allowed Richard Nixon to stay in office despite Watergate and would provide Trump with the ability to implement Project 2025.

For those who aren’t familiar with Project 2025, which was led by the Heritage Institute, it is a blueprint for Trump to follow during a second term. Among the suggestions are: elimination of the Department of Education, NOAA, Homeland Security, and the Consumer Financial Protection Bureau; rolling back protections for the LGBTQ community and Biden’s climate change policies; banning the abortion pill; providing for federal funds to be used by private and religious schools; and replacing many non-partisan federal employees with Trump loyalists.

The current Supreme Court has positioned itself as the sole interpreter of the Constitution, essentially giving it more power than the executive branch and Congress. The court also continues to police itself, allowing members to violate financial reporting rules for gifts from wealthy conservatives and allowing individual justices to decide whether they have a conflict of interest in cases before the court.

The damage to the judiciary already inflicted by Trump is likely to last for many years. Imagine what might happen if Trump were elected to another term and he could select two more Supreme Court justices — the impact would last for generations.

Rodger Painter can trace his Alaska roots to 1798,when an Alutiiq woman married a Russian trader. He is a former journalist and legislative aide and played a major role in Alaska seafood politics for several decades. He is retired and lives in Douglas.

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