Donald Trump’s second inauguration marks a turning point in modern American politics. With his return to power, the fears expressed during his first term are now tangible realities. Trump has made no secret of his disdain for the institutional checks that constrained him previously, and the judiciary sits squarely in his sights. His first administration left a profound mark on the Supreme Court, and his return is set to deepen those scars.
The Supreme Court, already leaning heavily conservative after Trump’s first tenure, is now poised to become an outright instrument of his will. With an eye on any potential vacancies, Trump has indicated his preference for judges who align closely with his agenda. These aren’t jurists committed to interpreting the Constitution; they are ideologues whose loyalty lies not with justice but with the man who appoints them.
This has chilling implications. A Trump-stacked Court would rubber-stamp policies that dismantle democratic safeguards, entrench minority rule, and roll back decades of progress on civil rights, environmental protections, and social justice. With lifetime appointments, these decisions would reverberate long after Trump’s presidency, reshaping America into a shadow of its former self – a country where justice comes pre-approved by the executive branch.
Judicial independence is the cornerstone of democracy. It acts as a check on executive overreach and protects the rights of the minority against the tyranny of the majority. Under Trump, this independence is at grave risk. His first term saw him openly criticising judges who ruled against him, labelling them as partisan enemies rather than respecting their role as impartial arbiters. His second term promises more of the same, but with greater impunity.
The danger isn’t just theoretical. History offers grim lessons about the consequences of undermining the judiciary. From Russia’s pliant courts enabling Putin’s kleptocracy to Turkey’s judiciary becoming an arm of Erdoğan’s authoritarian rule, the playbook is depressingly familiar. Dismantle the checks, consolidate the power, and silence opposition under the guise of legality. Trump, a student of power if not of governance, is poised to follow suit, inching the United States closer to becoming a shadow of its former self. The White House might want to consider a plaque for this new era: "For services rendered to self-interest and loyal friends.""
What makes this moment especially perilous is the groundwork already laid. Trump’s appointments during his first term have shown a willingness to erode voting rights, weaken regulatory protections, and prioritise the interests of corporations and the wealthy over those of ordinary Americans. With the Court as a compliant partner, these trends will accelerate, locking in policies that favour the few at the expense of the many – a system where the "rule of law" becomes an optional extra.
For Americans, the time for complacency is over. Trump’s second term represents an existential threat to the principles of democracy, not because of any single policy but because of the systemic erosion of the institutions designed to uphold it. The judiciary must remain independent, but that independence is only as strong as the will of the people to demand it.
The stakes could not be higher. With a judiciary compromised by loyalty to a single leader or ideology, the United States risks descending into the kind of neo-fascist oligarchic kleptocracy (I've coined that descriptive) that thrives on concentrated power and widespread apathy. If Americans are to preserve their democracy, they must fight not just for policies or parties, but for the institutions that protect their freedom. Trump has taken office again – now the question is whether America’s institutions can withstand the assault. And if they don’t, we might as well replace the eagle with a golden golf club and be done with it.
More on this tomorrow.
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