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The proverbial deck is stacked against the American people

Writer: Joe Nathanal Hall, Jr.Joe Nathanal Hall, Jr.
The Proverbial Stacked Deck Against The American People
The Proverbial Stacked Deck Against The American People

The Gavel’s Weight: How the Supreme Court is Reshaping American Democracy.


By: Joe Nathanal Hall, Jr.


The United States Supreme Court, historically regarded as the ultimate arbiter of justice, has found itself at the center of an ideological battle that threatens the very fabric of American democracy. With a 6-3 conservative majority, the Court is wielding unprecedented influence over pivotal issues such as abortion, gun control, executive authority, immigration, and voting rights, reshaping the legal landscape of the nation in ways that will be felt for generations to come.


A court in conservative hands

President Donald Trump appointed Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett during his first term. This has made the Supreme Court more conservative. This conservative influence, reinforced by the long-standing presence of Chief Justice John Roberts (appointed by President George W. Bush in 2005), Justice Clarence Thomas (appointed by President George H.W. Bush in 1991), and Justice Samuel Alito (appointed by President George W. Bush in 2006), has fundamentally altered the Court’s balance.


As a result, liberal Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson remain in the minority, leading to a series of landmark rulings that have reshaped American law and intensified concerns over the Court’s role in upholding constitutional principles.


Abortion: The reversal of Roe v. Wade and its aftermath

One of the most consequential rulings in recent history came with the decision to overturn Roe v. Wade, 410 U.S. 113 (1973), dismantling federal protections for abortion rights and returning the issue to individual states. In Dobbs v. Jackson Women’s Health Organization, 597 U.S. ___ (2022), the conservative majority ruled that the Constitution does not confer a right to abortion, thereby overturning nearly five decades of precedent.


This decision has led to a patchwork of laws across the nation, with many states implementing near-total bans on abortions. The ruling not only stripped millions of women of their reproductive rights but also set a dangerous precedent for the rollback of other personal freedoms.


Justice Clarence Thomas, known for his originalist approach, has suggested that other landmark rulings—such as Obergefell v. Hodges, 576 U.S. 644 (2015), which legalized same-sex marriage, and Griswold v. Connecticut, 381 U.S. 479 (1965), which protected access to contraception—could also be revisited under similar legal reasoning.


Gun Control: Expanding the Second Amendment

The conservative majority's view of the Second Amendment has made gun owners' rights stronger while making it harder to regulate gun violence. In New York State Rifle & Pistol Association v. Bruen, 597 U.S. ___ (2022), the Court ruled that requiring a special need for a concealed carry permit was unconstitutional, expanding gun rights significantly. Justice Alito and Justice Gorsuch have been very vocal about their belief that the Second Amendment gives almost everyone the right to own guns. This belief has had bad effects on public safety.


Executive Authority: The Rise of Presidential power

President Donald Trump is now serving his second term as the 47th President of the United States. He has once again become the center of American politics. His influence over the Supreme Court through his first-term appointments—Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett—has significantly reshaped the Court’s ideology. Trump's presidency has been marked by bold assertions of executive power, echoing the kind of centralized control seen in authoritarian-leaning regimes.


His presidency is further characterized by a transactional approach to governance, as demonstrated in policies ranging from international diplomacy to domestic law enforcement. Reports indicate that his financial interests have blended with political objectives, as seen in his ability to leverage his election victories for personal financial gain (The Wall Street Journal).


Meanwhile, his diplomatic stance has raised concerns about his deference to foreign autocrats, with statements suggesting alignment with Russian President Vladimir Putin’s demands regarding NATO (The Guardian).


Additionally, Trump’s approach to foreign policy has reshaped America’s role in international conflicts, such as the resolution of the Ukraine War, a process shrouded in secrecy and largely dictated by direct negotiations between Trump and Putin (The Atlantic). These actions, taken together, present a portrait of a leader who is unafraid to test the limits of executive authority, often with the tacit support of a Supreme Court inclined to favor broad presidential powers.


Perhaps one of the most alarming developments has been the Court’s deference to executive power. In Trump v. Mazars USA, LLP, 591 U.S. ___ (2020), the Court ruled on the limits of congressional subpoenas seeking the financial records of a sitting president.


This case, along with Seila Law LLC v. Consumer Financial Protection Bureau, 591 U.S. ___ (2020), strengthened the unitary executive theory, a belief that the President possesses near-absolute authority over the executive branch. These decisions signal the Court’s willingness to uphold broad executive authority, even at the expense of congressional oversight and checks and balances.


Immigration: Abandoning the Promise of the Statue of Liberty

One of the most overlooked yet crucial issues shaped by the Supreme Court’s decisions is immigration. The U.S. was once a beacon of hope for those seeking freedom and opportunity, embodied by the words inscribed on the Statue of Liberty: "Give me your tired, your poor, your huddled masses yearning to breathe free." However, recent rulings and policies have moved the country further away from this promise, prioritizing restriction over inclusion.


The Court has upheld policies that limit asylum seekers’ ability to stay in the country, including Department of Homeland Security v. Thuraissigiam, 591 U.S. ___ (2020), which ruled that expedited removal procedures for asylum seekers do not violate the Suspension Clause. Additionally, challenges to DACA, as seen in Department of Homeland Security v. Regents of the University of California, 591 U.S. ___ (2020), have threatened to upend the lives of hundreds of thousands of Dreamers, leaving them vulnerable to deportation.


Further, in Trump v. Hawaii, 585 U.S. ___ (2018), the Court upheld the travel ban that restricted immigration from several predominantly Muslim countries, demonstrating a growing trend in which immigration laws no longer reflect the ideals of inclusivity and fairness, instead imposing barriers that disproportionately impact vulnerable populations.


The United States and the Threat of Authoritarianism

There is growing concern that the Supreme Court’s rulings and the dramatic shift in legal interpretations resemble aspects of authoritarian regimes seen in other nations. However, there are still key differences between the U.S. and a dictatorship—at least for now.


Key Differences from Dictatorships (For Now):

Freedom of the Press – Unlike in full autocracies, the United States still has a largely free press, though there are increasing threats to journalistic independence and misinformation campaigns that aim to undermine truth.


Public Dissent – Despite restrictions, protests and activism are still legal, and courts have not yet fully criminalized political opposition. However, an increasing number of state-level laws criminalizing protest raise concerns about this right’s future.


Elections Still Exist – While voting rights are being weakened, elections in the U.S. have not yet been outright abolished or manipulated to the extent seen in full dictatorships. However, rulings such as Shelby County v. Holder (2013) and Brnovich v. Democratic National Committee (2021) demonstrate an increasing trend of restricting voter access and making it easier for states to implement voter suppression tactics.


History has shown that democracies do not typically fall overnight but through incremental changes. The judicial decisions being made today could set the stage for an erosion of democracy that, if left unchecked, could push the United States closer to the authoritarian rule seen in nations like Hungary, Turkey, and Russia.


A Patriot's Perspective: Defending the Ideals of America

As an African-American born and lived during the Jim Crow era, who proudly served in both the United States Army and the United States Marine Corps, I have fought for the freedoms and rights that define this nation. I have stood on foreign soil to defend those who could not defend themselves, protecting the principles of democracy against authoritarian regimes. My purpose in writing this is not to tear America down but to remind us all of who we are and what we can be.


The fight for justice, fairness, and the preservation of our constitutional rights is not an act of dissent—it is an act of patriotism. True patriotism means holding our institutions accountable, ensuring they serve all people equally and uphold the promises enshrined in our Constitution.


The Supreme Court’s conservative majority has ushered in a new era of legal uncertainty, one in which fundamental rights are no longer guaranteed. The rollback of abortion rights, the expansion of gun protections, the consolidation of executive power, the abandonment of the principles of immigration, and the erosion of voting rights all signal a troubling shift in American jurisprudence. If left unchecked, this trajectory could have irreversible consequences for democracy, justice, and the rule of law.


Conclusion: A Call to Action

The Supreme Court’s conservative majority has ushered in a new era of legal uncertainty, one in which fundamental rights are no longer guaranteed. The rollback of abortion rights, the expansion of gun protections, the consolidation of executive power, the abandonment of the principles of immigration, and the erosion of voting rights all signal a troubling shift in American jurisprudence. If left unchecked, this trajectory could have irreversible consequences for democracy, justice, and the rule of law.


The American people must remain vigilant. Silence constitutes complicity, and fear of rocking the boat is not an option. The fight for justice and fairness in immigration, voting rights, and civil liberties is one that must be fought on all fronts. The future of American democracy depends on it.

 



 
 
 

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