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A new Supreme Court begins its new term Monday, but overshadowed by the drama of the occupation of the seat of retired Judge Anthony Kennedy. But the court's future decisions, coming from its very pressing case, will probably have a much greater public impact than the politics of the moment.
If White House and Senate Republicans succeed, Judge Brett Kavanaugh – who fights allegations of sexual assault for the purpose of taking Kennedy's seat – would be the 114th member of the Supreme Court. Its impact is felt right away and for decades.
"He will assume a position of great importance, if not at the same level as that of Judge Kennedy," said Thomas Dupree, lead counsel for the appeal and a former Bush Justice Department official. "Often the judge you think you get does not turn out to be the judge you actually get in. But in the case of Judge Kavanaugh, I think we have a pretty good idea of where he will decide on some of these issues. "
This has been a lot of progressive groups worried that a fragile conservative majority could consolidate.
"It will likely be the deciding vote on issues such as the right to vote, reproductive choice and justice, the ability of ordinary Americans to hold big corporations accountable," said Elizabeth Wydra, Chair of the Responsibility Center. Constitutional. "A majority in the Supreme Court with Judge Kavanaugh could radically change the way Americans live in this country."
That's if Kavanaugh is confirmed. His appointment was withdrawn from the committee on Friday, but with a call from key senators for a deadline to allow a new investigation by the FBI.
Whatever the case may be, Kavanaugh would not be on the bench when the court holds its oral arguments on "the first Monday of October" – although it is possible that he will join him on Wednesday. morning, when two separate motions will be heard in court.
Among the disputes that should be discussed this fall are those concerning the death penalty, applications for smartphones and a case of closely monitored property rights.
The issue in this case is the dark frog gopher, an endangered species. Private landowners in Louisiana are protesting the government's designation of "critical habitat" for the rare amphibians in that state, even though its existence only exists in neighboring Mississippi.
But judges in the coming weeks are about to add to their workload a series of other contentious issues. These include:
–A protest of a "peace" memorial in the form of a Christian cross laid on government ground to honor soldiers killed during the war
– Separate positions on abortion, including waiting times; restrictions on second quarter procedures; and funding from Medicaid
–The validity of pregnancy contracts related to surrogacy regulated by the State
– Environmental defense groups continue to investigate the impact of President Trump's border wall project
– Continued challenge of the administration's immigration enforcement policies
– And the big what: if the president may be compelled to testify in the investigation of the special adviser Robert Mueller on Russia
"A live witness summons has never been tried in court against the President of the United States," said Jay Sekulow, one of Trump's attorneys, who had threatened to challenge any such application before the Supreme Court.
This has worried many Kavanaugh Democrats to protect the man who named him from any Mueller probe assignment.
"Judge Kavanaugh's judicial philosophy incorporates an almost monarchical view of executive power and accountability," said Senate Minority Leader Charles Schumer, DN.Y., "Driven by the belief that the CEO is according to another set of rules ".
Roberts Rules
Although the immediate attention is focused on the newest member of the court – whether it is Kavanaugh or someone else – many observers believe that the judge Chief John Roberts is ready to assert his authority.
With Kennedy's departure, the man whom Trump called "absolute disaster" could potentially inherit "justice in motion" and consolidate his power.
Whether Roberts can or wants to fill this void is the big question that currently arises in the judicial world.
Some right-wing legal activists have long believed that Roberts could not be considered a vote-taker, although the 63-year-old Republican-appointed Chief Justice has had a largely conservative record for 13 years.
This was underscored after Roberts' decisive vote in 2012, confirming key funding provisions of the Affordable Care Act – saving the signature of former President Barack Obama's domestic policy.
The Conservatives called it a calculated act of treason, a story Trump picked up during the 2016 election campaign.
Some liberal leaders have low hopes that Roberts will take a more active role as a "decisive" vote – but there is conflicting evidence that he would be left behind.
According to judicial sources, Roberts has made concerted efforts over the years to promote consensus among his often-divided colleagues with as many unanimous decisions as possible to promote unity and courtesy.
He and his colleagues want to preserve the independence and reputation of the court.
"None of us wanted to get the impression that the court could not do its job," Judge Elena Kagan said Thursday. "I think we all felt that the country needed to feel that the court was a functional institution, no matter what was going on outside."
High stakes
The Supreme Court only takes the cases it wants to resolve, and usually only when legal interpretations differ from the lower courts. For this reason, the vast majority of calls remain unresolved.
Thus, in trying to isolate the third branch of government from the current wave of political slings, some legal experts argue that Roberts could use his authority to try – in the short term at least – to avoid submitting them a too many disputes.
"In recent years, the court has truly become the decision-maker of last resort on so many issues that have polarized our society, ranging from the power of the president to constitutional rights, to resolving the demands of religious freedom." said Mr. Dupree. "So I think we'll see how much the Supreme Court wants to expand that role and how important it is to solve those problems."
But with Kavanaugh's appointment on the eve of the mid-term elections, voters still have in mind the stakes of who sits on the Supreme Court and how they decide.
"Because these issues are hotly contested and the electorate is very divided, you can not stop these issues from having an impact on our elections," said Wydra. "The fact is that the one who controls the Senate will have an important role to play in the types of judges (…) who sit on the Supreme Court and on the whole of the federal judiciary."
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