Republicans and Democrats over the last couple of years have been busy trying to bend the courts into their own direction. Republicans have been more successful in doing so. But both are trying. But the solution will be the result of a healthier US democracy in all fields, not just at the courts.
Countries like Israel of the Netherlands, with their multi-party system of democracy, ensure compromises in building a majority cabinet after every election. The US has more or less a two-party system. Their ideal was that the president would still care about the whole country and lawmakers would be forced to work on both sides of the aisle to get anything done.
Donald Trump has now perfected caricaturing the polarization of the two-party system. Like everything he ever undertook, he worked the system into the ground. While the flight was going forward, few noticed it would be crashing, eventually.
Now, Trump will lose by a landslide–which should have happened four years ago. The next president will work for all of the country and return the political system to one of balance. Most of the compromises will not be between Democrats and Republicans, though, but between Democrats.
After rational politics was put on hold, four years ago, and replaced by “let’s steal anything we can from the common man to give to the wealthy,” serious politicians are eager to get some momentum for good going again. The pandemic, climate change, and mental health urgently need science-informed policy. International diplomacy and societal reform (police, BLM, Dreamers) are breathlessly awaiting the new presidency. Sound fact-based financial policies that will profit everyone will be like water to a desert.
And amidst all of this, the new administration will depoliticize the courts. Andrew Yang has a nice plan for the Supreme Court. A good start could be: appointments for 18 years max, 27 justices. The appointment used to be confirmed with 90% of the votes in favor of the candidates. That should return. But now, mandatory. No 75% of the vote, no confirmation.
But at the end of the day, we should ask ourselves if a two-party system is the best system. Though Trump made a caricature of it, it does lend itself to polarization, which is unhealthy for stability and peace. It is not true that one party is right and the other is wrong. Where is listening to each other? Where is the sense of gray between the black and white? And the shocks of the flip between going blue and then red again and then blue again are too big. But change will come slowly. USrs are conservative. And nationalistic and too proud. They don’t even know that it is India, that is the world’s greatest democracy in the world.