Americans will soon vote in an election with unprecedented stakes. The outcome of the presidential and Congressional races will determine whether this country continues its rapid descent into xenophobia, isolationism, and climate nihilism—or whether we open a doorway of possibility to a better future.
The rule of law is the principle that all people and entities are subject to laws that are fairly applied and enforced. No one, according to this principle, is above or outside the reach of the law—neither presidents nor corporations.
Unfortunately, the rule of law in the United States is being undermined. The current president is well known for attacking the federal judiciary in spoken and written word, though federal judges have life tenure, which affords them some degree of immunity from his political ravings. The more alarming shift—with profound, long-term implications for the rule of law—is the current administration’s nomination of partisan extremists to the federal bench and the record pace at which the Senate is confirming many of them. (It should be noted that some of these nominees are so poorly qualified that even Republicans turned their noses).
The extreme politicization of the judicial nomination process has already begun to erode the rule of law in the US. Perhaps the most egregious example of this is the Supreme Court’s 5-4 vote in the infamous Citizens United ruling, which invalidated parts of a federal law that had imposed limits on corporate money in politics.