The rightwing coup to topple democracy in the United States started on December 9, 2000 when the five conservative Supreme Court justices awarded the Presidency to George Bush. Everything since then has been an unwinding. The 5-4 party line decision to prevent a Florida recount was not based on law, but their claim that a recount would cause irreparable harm casting "a needless and unjustified cloud" over Bush’s legitimacy. With their decision to credit Bush with Florida’s 25 electoral votes, Bush defeated Al Gore in the electoral college by 271 to 267 although over a half a million more people voted for Gore.
Since Bush was appointed President, the rightwing stranglehold over the country has been tightened as democracy has gradually been chipped away at by Court rulings. In 2005, Bush nominated John Roberts to be Chief Justice and in 2006 he nominated Samuel Alito, who along with Clarence Thomas is the most rightwing member of the court. In 2016, Republicans in the Senate blocked an Obama Supreme Court nominee and then in 2017 Donald Trump nominated Neil Gorsuch as a justice. Trump’s last two nominees, Brett Kavanaugh and Amy Coney Barrett gave the rightwing justices a 6-3 majority. These nominees were all certified by the conservative Federalist Society as 100% rightwing.
Every one of the rightwing court members lied at their Senate hearing claiming their undying commitment to support established legal precedent, but once on the court they voted to overturn long established rights like reproductive freedom. Their logic in court decisions is often twisted. They make decisions based on political biases and then search for legal jargon that justifies what they wanted to rule. As a result, Supreme Court rulings since 2001 have systematically whittled away at individual rights, environmental protections, and democratic practices.
With Citizens United in 2010 they allowed wealthy donors to give unlimited sums of money to influence elections and curry political favors. The Shelby County v. Holder decision in 2013 emasculated 1965 Voting Rights Act provisions designed to prevent states from stripping away the voting rights of minority group members. Decisions like Sackett v. EPA II (2022) crippled federal efforts to protect waterways from pollution. Pottawatomie County v. Earls (2002) undermined student protection from illegal searches and seizures. AT&T v. Conception (2011) made it harder to sue companies that were cheating consumers. NFIB v. Sebelius (2012) allowed states to deny Medicaid health insurance to over 4 million people. Zelma v. Simmons-Harris (2002) expanded school voucher programs that drew money away from public schools. Burwell v. Hobby Lobby (2014) made it legal for business owners to claim a religious exemption from following the law. Trump v. Hawaii (2018) permitted Trump to ban Muslims from traveling to the United States as long as he didn’t explicitly call it a Muslim ban. Janus v. AFSCME (2018) cut public sector labor union power, denying them the ability to collect fees from non-members who benefited from union services. Biden v. Nebraska (2022) blocked student loan forgiveness. In other 2022 rulings, the Court majority tossed a New York State law that tried to regulate handgun ownership, crippled federal efforts to fight climate change and protect waterways from pollution, sided with a public high school football coach who organized 50-yard line post-game prayer sessions for the team’s players, and Dobbs v. Jackson Women's Health Organization canceled federal protection for the right to reproductive freedom in the United States setting off state-by-state efforts to ban abortion.
Students for Fair Admissions v. Harvard (2023) outlawed college affirmative action practices intended to diversify their student population and redress past discrimination and this year the Supreme Court took a major step threatening democracy in the United States with its decision in Trump v. United States (2024). The court’s rightwing majority ruled that former President Trump and future Presidents were immune from criminal prosecution for illegal acts while President like obstructing the results of the 2020 election or using the legal system for fraudulent purposes if they claimed these actions were part of their official duties. This ruling made Presidents above the law and subject to no legal restraints, essentially authorizing dictatorship in the United States.
In Trump v. United States, Clarence Thomas wrote a concurring opinion agreeing with the majority decision but adding a totally unnecessary and unsubstantiated claim that appointing federal special prosecutors are not part of the constitutional authority of the Department of Justice and the Attorney General. There did not seem any reason for this claim until the Trump appointed judge in the Florida case against Donald Trump for stealing and refusing to return top secret documents cited Thomas’ argument to dismiss the case because it was brought by a special prosecutor.
The rightwing coup to topple democracy in the United States that started in 2000 has now almost been completed. If Donald Trump becomes President in 2025 it may well succeed. Democracy is at stake in this election.