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Death of Ruth Bader Ginsburg: What is the role of the United States Supreme Court?

2020-09-19T10:43:52.460Z


The disappearance of the judge leaves a position with great powers vacant.“ Among the three powers, the president can fail without the state suffering, because the president has only limited power. Congress can wander without the Union perishing. But if the Supreme Court were to be made up of imprudent or corrupt men, the Confederation would have to fear anarchy or civil war ”, thus summarized Alexis de Tocqueville in 1848, in his work On democracy in America . Read al


Among the three powers, the president can fail without the state suffering, because the president has only limited power.

Congress can wander without the Union perishing.

But if the Supreme Court were to be made up of imprudent or corrupt men, the Confederation would have to fear anarchy or civil war

”, thus summarized Alexis de Tocqueville in 1848, in his work

On democracy in America

.

Read also: Death of Ruth Bader Ginsburg: popular tribute before the Supreme Court

On Friday, September 18, the dean of the Supreme Court, Ruth Bader Ginsburg, passed away at the age of 87, died of pancreatic cancer.

Appointed in 1993, the “

dissenting

judge

had become the icon of progressives across the Atlantic.

Popular tributes have multiplied in Washington, in front of the seat of the High Court.

The disappearance of the judge "RBD", as she had been nicknamed, thus leaves vacant a post endowed with great powers.

How does the key institution of American politics work?

Let's do a check in.

Read also: Hollywood mourns the death of Ruth Bader Ginsburg, "the giant of the Supreme Court"

What are the powers of the Supreme Court?

"

Justice equal under the law

" ( "

Equal Justice under Law

") is the motto of the Supreme Court of the United States.

Founded in 1789, it is the highest court in the country.

The Supreme Court's mission is to rule as a last resort, for or against, decisions taken within one of the fifty states of the country or by the federal state.

It is a fundamental element of the balance of power in the country.

The key institution of American policy must also rule on the conformity of laws, presidential decrees or decisions, with the American Constitution of 1787. It is at the top of the federal jurisdictional hierarchy.

All its judgments are rendered, by majority, without the opportunity to appeal.

Each year, the institution decides about a hundred cases.

The High Court plays a central role in corporate debates.

This court of last resort has the power to rule in the definition of the rights of freedoms such as the right to abortion, same-sex marriage, immigration, the carrying of weapons or even global warming.

In addition, it shapes the institutional functioning of the United States in the long term, by ruling on the powers of the president, the financing of electoral campaigns and the right to vote.

Read also: Ruth Bader Ginsburg, feminist icon of the Supreme Court and sworn enemy of Donald Trump

Who appoints the judges of this key institution?

The jurisprudence of the Supreme Court has important consequences in the United States.

Nine federal magistrates (the “

Justice

”) sit on the Supreme Court, one of whom acts as president (the “

Chief Justice

”).

These judges are appointed for life by the President of the United States, before the consent of the Senate.

The process of appointing judges is tainted with politics.

Of the judges currently occupying a seat on the court, five were appointed by Republican presidents and four by Democrats.

Since the start of his term, President Donald Trump has appointed two Conservative judges: Neil Gorsuch in 2017 and Brett Kavanaugh in 2018.

The judges of the Court hold office for as long as they wish.

Like the American president, these magistrates can only be dismissed by Congress after a procedure of

impeachment

.

No judge has been ousted by such a procedure to date.

What is at stake for the US presidential election?

In several landmark decisions issued in June-July 2020, the progressive position prevailed.

For example, the Supreme Court recently voted in favor of LGBTQ + rights.

Federal law now prohibits discrimination in the workplace based on sexual orientation and gender identity.

A serious setback for President Donald Trump, who clearly showed his reluctance.

In addition, another decision rendered in June declared unconstitutional Louisiana's law imposing conditions that were practically impossible to meet for doctors who perform abortions.

The appointment of a new judge could then have an impact on American law.

The disappearance of Ruth Bader Ginsburg gives President Donald Trump the opportunity to firmly anchor the Court on the Right.

Through the appointment of a judge to the Supreme Court, presidents think about the place they will leave in history, in the hope that their policies will continue to live on beyond their mandate.

In the coming weeks, a political battle is expected to ensue between the Trump administration and the American Democrats.

The latter hope that the future judge will be appointed after the presidential election of November 3.

A wish that Ruth Bader Ginsberg had notably expressed, shortly before her disappearance.

Source: lefigaro

All news articles on 2020-09-19

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