• Home
• /
• Opinion

US justice system tilts to the right, whither fairness?

It would be interesting to watch the Kavanaugh effect on the US, both politically and socially.

After a highly charged confirmation process and furious protests, several wavering senators voted in favour of Brett Kavanaugh, confirming him as the 114th justice of the US Supreme Court. Kavanaugh will now be free to remain on the bench for the rest of his life. Judges in the US are offered lifetime positions to refrain them from making rulings based on political pressures. Kavanaugh, who replaces justice Anthony Kennedy - who often cast the deciding opinion on the nine-judge court's rulings - is expected to tip the balance in favour of the court's conservative judges, who will now outnumber their liberal colleagues five to four. And the entrant being just 53, the court could now remain tilted to the right for many years to come.
It would be interesting to watch the Kavanaugh effect on the US, both politically and socially. For one, it could mean the end of the Supreme Court being a check on executive powers. Kavanaugh's appointment could also bring about a shift in the right of abortion made legal by a 1973 Supreme Court decision. A conservative court could reverse the decision. Kavanaugh's confirmation is also a major victory for US President Donald Trump, especially ahead of the mid-term elections. Any hopes of an easy de-Trumpification have been smashed. Even if Robert Mueller's investigation proves Trump's illegal dealings with Russia, he may not be impeached. In fact, this could be why he was high up on Trump's list of picks.
Trump, who claimed that the allegations against Kavanaugh are a political ploy, is well aware of the necessity of having his man at the helm of the judiciary. But the fact remains that every decision Kavanaugh joins will seem politically driven and illegitimate. This does not augur well for a nation where the Supreme Court has the final say on US law. And the Kavanaugh effect on women voters cannot be ignored. The fact that Kavanaugh, who has been accused of sexual misconduct, is being appointed to one of the most important roles in the US on the anniversary of the #MeToo movement cannot be ignored.