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While Donald Trump has been dominating the headlines, significant and more subtle changes have been happening at the Supreme Court.

Unlike U.S. Presidents, Supreme Court Justices serve for their lifetimes. Supreme Court Justices aren't elected, but nominated by the President and confirmed by the Senate. Supreme Court Justices can only be removed by death, resignation or impeachment and conviction by Congress, which has never happened. One Justice was impeached and not convicted. This arrangement was intended to make Justices independent of outside influence. A side effect is Justices have been insensitive to the will of the electorate and Congress. The current Court will continue long after President Trump's term ends, and a system has been created to assure it will continue to favor Republican policy.

Over time, the Court has developed the role of interpreting the Constitution and how it applies to laws enacted by the U.S. Congress. Some of its interpretations have been novel and puzzling, reflecting the political views of the Justices. Despite their stated impartiality "upholding the law", they are creating the law. In other words, the law is whatever they say it is.

In AntiDemocratic, David Daley tells the story of a 50+-year process of changing the make up of the Supreme Court to reverse the liberal policies of the Earl Warren court and eliminate many of the rights of U.S. citizens, including screening potential candidates for judicial nominations.

The leading "kingmaker" for screening Supreme Court Justices is Leonard Leo, leader of the Federalist Society. The Federalist Society started as a student educational organization and has expanded to be an organization that new "conservative" lawyers join to get in line for becoming high-ranking judges in state and federal courts. Many "spin off" organizations have been created to obscure the operations of the Federalist Society. These organizations are financed by oligarchs, such as the Koch brothers.

Recently, some Supreme Court Justices have received extravagant "favors" or "gifts" from oligarchs that calls their independence into question. According to a report from the U.S. Senate Committee on the Judiciary on June 13, 2024, Clarence Thomas received nearly $4.2 million in gifts over two decades on the Court. In addition, he received multiple trips by private jet transportation from Harlan Crow that weren't disclosed on his financial report. Thomas has refused to recuse himself from ruling on cases initiated from his benefactors.

Chief Justice John Roberts stated at his confirmation hearing, "I will decide every case based on the record, according to the rule of law, without fear or favor, to the best of my ability, and I will remember that it's my job to call balls and strikes, and not to pitch or bat." Once he was safely in office, he proceeded to lead the Court in issuing novel rulings that overturned Supreme Court precedents, favoring Big Business, overturning abortion rights, and reducing voting rights for Democrats and minorities.

For example, the Citizens United decision unleashed the ability of corporations to finance political campaigns and political advertising. One of consequences of that decision is corporations can provide unlimited financing to organizations like the Federalist Society, with no disclosure required.

In the Shelby County decision, Justice Roberts wrote "things have changed in the South" in overturning Section 5 of the Voting Rights Act, which had recently been extended unanimously by Congress. Ruth Bader Ginsburg's dissent was, "Throwing out preclearance when it has worked and is continuing to work to stop discriminatory changes is like throwing away your umbrella in a rainstorm because you are not getting wet."

Immediately, Southern states gerrymandered districts to eliminate the effectiveness of minority votes.

In Trump v. U.S., the Supreme Court ruled Presidents or former Presidents of the United States are exempt from criminal prosecution for the exercise of their core constitutional powers and presumptive immunity for their remaining official actions. Since the President is "on duty" 24 hours a day, this ruling effectively gives the President immunity for all acts while in office.

To understand how the Supreme Court is overturning legal precedents and how difficult it will be to change the "conservative" course of the Supreme Court, read AntiDemocratic.

Buy it on Amazon: Antidemocratic: Inside the Far Right's 50-Year Plot to Control American Elections.

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