In Washington, the action passed in the Senate, where confirmation from a judge who will tip the Supreme Court to the right is almost certain.
As Republicans realize Democrats are likely to take over the White House and Senate, their senators will do anything to uphold Justice Amy Coney Barrett and seal a Conservative majority on the Supreme Court for years, if not decades.
Justice Barrett is known for her ideas about abortion and the place of religion in public life, but her impact will go further.
The winning religious right
A fervent Catholic, Amy Coney Barrett has never hidden her opposition to the decriminalization of abortion. For the religious right, his appointment is a victory which amply justifies their support for a president whose behavior contradicts all their values. For Donald Trump, A Supreme Court dominated by the right, including three judges he appointed himself, is his only lifeline if a contested election is decided by the courts.
This partly explains why Republicans will insist on upholding Judge Barrett despite the glaring hypocrisy of the party-led process that argued in 2016 that it was impossible to confirm a judge just before an election.
New legal orthodoxy
The controversy over this appointment will revolve around Judge Barrett’s religious beliefs and Trump’s scheming to have her re-elected by “his” judges, but the impact of the court’s imbalance on economic, social and environmental policies will be profound . We will feel this impact, among others, if the health law of 2010 is invalidated by this new Court which will hear a case on Obamacare on November 10.
A strong Conservative majority on the Supreme Court would be a victory for the Federalist Society, a legal movement funded by anti-government interventionist plutocrats who have already benefited hundredfold from the millions they have invested in this new legal orthodoxy.
This victory will also be felt here, because this legal philosophy has carved out an important place in our law faculties. In the United States, this shift to the right of the Supreme Court could upset the partisan balance if the electorate seeks to counterbalance the excesses of a judicial branch too to the right by voting on the left.
So much the better for the Democrats, it will be said, but what good is it to take power if the courts block everything? If he becomes president, the temptation will be great for Joe Biden to “package” the Supreme Court by legislating an increase in the number of judges.
This move would be risky for Biden, but a conservative majority that abuses its power would also face blame. Chief Justice John Roberts is aware of this and he might seek to defuse this potential crisis with restraint, as his predecessors did when Franklin D. Roosevelt threatened to pack the court.
In American politics, the action will not stop when the polls close.