1. Wait, stop. A president appointing a judge, what about that?
The Americans do that in a slightly different way in the Netherlands. We have a Supreme Court that checks whether the judgment of a lower court is correct and properly motivated.
In America there is the Supreme Court (Supreme Court), which has much more power and is allowed to pass a final judgment on controversial laws. Think of gun possession, abortion, same-sex marriage and euthanasia.
Now it is the case that the president of the country can nominate a candidate, who must be approved by the Senate. In practice, this only happens if someone dies or resigns. After all, an appointment to the Supreme Court is for life. There are nine judges, including one chief justice.
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2. It was already 5 to 4. What difference does that last appointment make?
Right: the right-wing conservative Americans – who value traditions, entrepreneurship and little government intervention – were also in the majority in the Supreme Court before Amy Coney Barrett was appointed.
Yet there is a big difference, explains correspondent Erik Mouthaan. “Now it is true that Chief Justice John Roberts, who himself is truly right, often acts as a sort of mediator. He has the casting vote, but chooses to be left at times when American society is too.”
A recent example is a June ruling. Then the predominantly right-wing Supreme Court decided that you can no longer be fired in America because of your sexual orientation. A breakthrough for the gay community.
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But Roberts has a problem now. Mouthaan: “He can now be passed by the appointment of the super conservative Amy Coney Barrett. Roberts has lost his power at 6 to 3.”
That lead has grown slowly since 1969, it appears an analysis from CNN. Since then, Republican presidents have appointed as many as 15 of the 19 judges. Barrett is the fifth woman to be appointed to the highest court in the country.
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3. Republicans are celebrating their nomination. Is that right?
You can argue about that. Initially, yes: Judge Amy Coney Barrett is 48 years old and will sit on the Supreme Court for decades to come. So also if the Democratic candidate Joe Biden is elected or if the Democrats again achieve a majority in the Senate.
The decision is therefore one of the most important appointments a president can make. It can affect generations of lawsuits. Trump chose to let Barrett name the presidential election flat – which has never happened before.
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Historian and American expert Maarten van Rossem is concerned about the long term. “It’s a spectacular victory for the Republicans, but a spectacular defeat for the Supreme Court. That’s because the current make-up is in no way representative of what society thinks. Because in America the majority is not ultra-conservative.”
Van Rossem thinks that the Supreme Court will lose its legitimacy with this. “The balance is completely lost. The Republicans have nevertheless pushed their nomination through it in an election year, a very stupid and shortsighted political outrage. They make optimal use of the political system. That’s great because they themselves are in the minority, but in the long run it is harmful policy for the whole country. “
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4. Will the appointment still affect the result next week?
That’s for sure. The appointment makes a lot of sense for both left and right voters. Mouthaan: “The way Trump celebrates the appointment is causing aggression and grief among left America. He did that live on television at nine o’clock. Barrett was waving next to Trump and is so clearly appointed to implement Trump’s policies.”
For example, a week after election day, the Supreme Court must pass judgment on the so-called Affordable Care Act (better known as Obamacare), which ensures that millions of poor Americans are obliged to receive health insurance. In addition, the decision of the Supreme Court in the new composition is easy to guess: that ‘government interference’ does not want that.
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In addition, more states are expected to introduce strict abortion laws. “To the satisfaction of the hard core of Trump’s voters,” says Maarten van Rossem. “They are conservative, predominantly white Christians. They see their vote for Trump being rewarded.”
According to Mouthaan, the appointment will also stimulate many Democrats to vote. “They think it is scandalous that the Republicans have done this. This trick is getting even more people to vote.”
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