If President Trump loses the election this November and the Republicans lose the Senate, the Democrats have promised to pack the Supreme Court with four more progressive justices, which would give the Democrats an eight to six majority.
If Trump wins the election, but Republicans lose the Senate, Republicans believe the Democrats will bar the appointment of any new conservative judges and force the government into a political standstill. If Trump wins and the Republicans retain the Senate and take over the House of Representatives, obviously, we will see an entirely new government across the country. The real question is, how different?
Progressive Democrats have used the court to produce liberal interpretations of the Constitution. High-ranking Democrats believe Trump's government will begin methodically reversing many of those hard-won battles, such as abortion, the Green New Deal, EPA regulations, DOT, CDC and FDA regulations, Deferred Action for Childhood Arrivals, etc. Most Democratic leaders claim if the Republicans are given control of all three branches of the federal government, they will set America back 50 years, socially and legally.
If Republicans win all three branches, Trump will finish his wall and crack down harder on illegal entry into the country. Most Republicans, including Trump, claim they will make some allowances for DACA - young people who were born in a foreign country and came here illegally with or without their parents when they were children. Surveys show most Americans--including a majority of Republicans--support allowing the young immigrants, known as Dreamers, to have some pathway to citizenship. A Republican-controlled government, including the justices, could possibly salvage the program. However, such a moderate solution is unlikely.
Many Democrats believe federally approved abortion will not survive a GOP landslide, and they are probably correct. Many Republicans believe abortion should be legal, but most do not think the government should dictate the rules or pay for abortions - some for moral reasons and others because they resent their taxes being used to enrich what they believe are clinics profiting from the deaths of unborn children.
Many Republicans fear if Democrats take all three branches, America will become a Communist-style government where only high-ranking government officials will be allowed to own cars and have air-conditioned homes. Many believe the Green New Deal, an environmental program designed and promoted by the U.N., is a major step to bringing America into a One World Government, ruled by the political elites of Europe.
Ignoring hysterics from both sides, it is obvious America is shifting more to the right every year, and the Supreme Court is no exception. Both sides should realize the highest court is not made up of political hacks and extremists. These men and women are highly intelligent and well-educated attorneys from the most prestigious (and liberal-minded) universities in the U.S. Besides, a court filled with conservative judges could not, on their own, drive America back 50 years, nor would they want to do so. It's true the court sways right when the public becomes more conservative, but it also swings left when the majority of people grow more liberal.
The pendulum is swinging to the right. If Republicans win and do a great job, they will probably stay in office for another decade. If they screw things up, 2024 will see the country swing back to the left. Realistically, though, a professional politician's only concern is staying in office, not helping the common people. We will see.
Mark Stepp is a retired technical writer and former newspaper reporter/editor. He is a veteran of the U.S. Air Force, and a graduate of NSU with a BA in education and journalism.