The independence of the supreme Court

L’indépendance de la Cour suprême

Yesterday, the supreme Court of the United States issued its decision in the final causes of the session 2019-2020. If, normally, the calendar runs from October to June, delays attributable to the COVID-19 explain that the suspense is prolonged until July.

For several years now, american politics is particularly polarized and appointments to the supreme Court are scrutinized closely, republicans and democrats, hoping that they are able to influence permanently the course of things. Donald Trump has had the opportunity to do two of these appointments, and five of the nine judges are now considered to be more conservative.

What balance sheet can we draw from all of the judgments revealed for the session that ends? That, on the whole, the supreme Court is actually inclined to make decisions that favour demands dear to the conservatives, but, and this is the most important, that it remains independent from political power.

If the us religious right can rejoice in three recent judgments, the high court has also helped to better define the limits of presidential power. Yesterday was particularly interesting in this chapter.

While their opinion in issues related to the religious practice, was consistent with the prejudices that we have on the judges Gorsuch and Kavanaugh, the two candidates nominated by the president did not hesitate to join five other colleagues to defeat major constitutional to the presidency.

If, like me, you grant a great importance to the respect of the beacons of constitutional law, to be welcomed by majority decisions of the court in matters involving the executive. Of course, in the immediate future, it was a question of the income tax returns of the president, but it was much more a question of the immunity of the president.

Donald Trump will not be the forever president. He is defeated in November, or they leave after a second term in office, his successors will know that their immunity is not total. The supreme Court has reminded yesterday, just as it has sent a clear message to Congress: it must not abuse its power.

The Americans are unlikely to see the returns of their chair prior to submitting their ballots into the ballot box on November 3. It is unfortunate, but they should still rejoice a major victory: that of the Constitution. Faced with a president who is constantly testing the limits of his power, the supreme Court has demonstrated its independence.

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