Has the US Supreme Court become progressive?

But with a conservative majority, the United States Supreme Court has made three decisions in the past two weeks that are unfavorable to Donald Trump regarding LGBT rights, immigration and abortion. Explanations.

And three. By overturning a very restrictive abortion law in Louisiana on Monday, June 29, US Supreme Court Donald Trump and the Conservatives inflicted a third setback in just two weeks. A surprisingly favorable series of decisions that favor the progressives, when a majority of conservative judges make up this highest court in the United States.

Already on June 15, the Supreme Court granted LHBT employees the advantage of mechanisms to combat discrimination at work, which prohibits any employer from dismissing a person because of their sexual orientation.

Three days later, on June 18, she validated the protection afforded by Barack Obama to the 700,000 “dreams”, these young migrants who went underground to the United States when they were children, considered “arbitrary” and “hilarious” Donald Trump’s decision to remove the provisions of the program called Daca (for deferred measures for arrivals to children, or delayed measures for arrivals to childhood).

>> Read: Presidential election: abortion, a crucial issue for Donald Trump

Finally, on Monday, the judges threw a law in Louisiana that required doctors to perform abortions to get a license to practice in a hospital less than 50 miles from the intervention site.

Three decisions that were welcomed as major victories for progressives and as a real snub for Donald Trump, who reacted strongly to social networks. The Supreme Court “mocks people who are proud to regard themselves as Republicans or Conservatives,” the US president responded after the decision on the dreams, condemning in a tweet to the vitriol of “horrible” and “political” decisions. And to add, “Do you have the impression that the Supreme Court does not love me?”

Don’t make the Supreme Court seem partial

Nine judges make up the Supreme Court. Four are considered progressives: Stephen Breyer, Ruth Bader Ginsberg, Elena Kagan and Sonia Sotomayor. Five are labeled as Conservatives: Chief Justice John Roberts, as well as Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh – the latter two have been nominated by Donald Trump.

Therefore, the feeling of stockpiling that the US President felt, especially towards Neil Gorsuch, who cast his vote in the decision on the rights of LGBT workers and wrote in the court’s judgment.

>> See: USA: what is the Supreme Court?

“These decisions do not mean that they have become progressive. The Supreme Court chief who dropped the votes, simply, is aware that if the court makes too many decisions favorable to the Conservatives, it will be seen as partisan and will gradually lose its credibility and legitimacy. “, explains Anne Deysine, emeritus professor at Paris-Ouest Nanterre University and author of” Supreme Court of the United States “(Éd. Dalloz), contacted by France 24.

“But while John Roberts voted with the progressives, he delivered a handbook to the Conservatives to try a new measure that would allow him to vote with the Conservatives this time,” she adds.

As for “Dreamers,” John Roberts thus specifically pointed out the “arbitrary” and unjust character of Donald Trump’s decision, explaining to conservatives the mistakes that should no longer be made so that he votes on their side. The same goes for abortion when he shows his connection to respecting “res judicata”. The Louisiana law was really almost like a Texas text, which the Supreme Court struck down in 2016 and considered it too restrictive.

Appointment of judges, a future main theme of the campaign

“We have reviewed the files carefully” and they “are comparable in all respects and produce the same results. Consequently, we find that the law in Louisiana is unconstitutional,” the High Court ruled. John Roberts, who had supported the Texas law in 2016, voted this time against it. “I still think it was a bad decision” to invalidate him four years ago, he wrote on Monday. However, the question is not whether the Supreme Court was “right or wrong” in 2016 but “whether our judgment binds us in the present case”, he continued, holding that “the doctrine of Judicial”.

As for the decision on LGBT rights, it was the “textualist” vision of the judges Roberts and Gorsuch that played out. “The textualists believe that the word or text should have the privileges of a law and refuse to take into account the legislature’s intent. In this case, it made it possible to read the word” gender “in the phrase” sexual orientation. “” When Congress really did not have that intention when it passed the Anti-Discrimination Act in 1964 “, Anne Deysine specifies.

>> Read: Donald Trump participates in a public feud with the Supreme Court Chief

All these legal considerations do not do Donald Trump’s business, more accustomed to acting on his impulses and who are proud to respect his campaign promises. In particular, he conquered religious law in 2016 by committing to appointing conservative judges throughout the federal judicial system and had promised to introduce the Supreme Court’s magistrates who opposed the right to abortion and favorable to carrying ‘weapons.

Since the election, thanks to the Republican majority in the Senate, he has received the confirmation of 195 judges in 860 positions nationwide, according to the official website of the Federal Judicial Center. And like The White House listed in November, their average age is less than 50, ensuring a “lasting impact on the courts for decades”. A record that allows the US president to be proud: only George Washington, the first president of the United States, has done better with “100%” of the appointments, he regularly jokes on the campaign platforms.

“The recent decisions will push him to make it an even more important campaign theme by 2020,” said Anne Deysine, who appears to be confirmed by her tweets. The recent Supreme Court decisions “only mean one thing: we need NEW JUDGMENTS,” he tweeted. By September 1, “I will publish the list of new Conservative candidates,” he added, urging voters to vote for him to secure their nomination.