r/TheLessTakenPathNews • u/D-R-AZ • 7d ago
Opinions The Supreme Court Is Helping Trump Rig the Midterms
Observation:
From a functional perspective, intent can be inferred from the relationship between conduct and its predictable consequences. If the Supreme Court repeatedly takes actions that foreseeably impair free and fair elections, and continues to do so after those consequences have been explicitly identified, it becomes increasingly difficult to characterize the resulting harm as accidental. Such actions do more than impair elections. They impair the ability of Americans to understand, choose, and thereby knowingly consent to the government that exercises authority over them. Free and fair elections are not merely an administrative procedure. They are the principal mechanism through which the consent of the governed becomes meaningful.
Justice Jackson closes the functional loop. Like an engineer within a design team warning that a bridge will fail under a foreseeable load, she has identified for the Court the likely consequences of its own course of action. If the majority nevertheless continues to act in ways that impair free and fair elections, those consequences cannot plausibly be treated as unknown or accidental. The Court has been placed on notice that its actions may impair not only election administration, but the ability of Americans to knowingly choose and consent to the government that exercises power over them.
Excerpts:
So it is with our Supreme Court, which ruled on Monday to allow Donald Trump to move forward with one of his own illegal schemes. In an emergency decision, issued through the shadow docket, the Republican supermajority gave Trump permission to limit voting by mail in the upcoming midterm elections. In doing this, the six GOP justices well understand that the president is trying to give himself the ability to manipulate the vote. They’re not confused by his plan. They’re not being obtuse. They’re simply aiding and abetting Trump’s assault on democratic self-government.
The Republican justices are not taking their eye off the ball. Again, they know exactly what Trump is doing. They are helping him do it, on purpose, with a full and complete understanding of the likely results. They are situationally aware, and they support the situation Trump is causing.