A Loss of Trust !

The Founding Fathers of the American state were careful to ensure that the vote of the people would be measured against the Constitution as any law change would have to pass the scrutiny of the overlapping court system, terminating at its peak with the decisions of the High court.

Judges appointed to the High court serve for the remainder of their lifetime, and when a vacancy occurs the President puts forward a nominee who must be confirmed by the Senate.  These confirmation hearings delve into that judge's past case record and carefully examine his or her life style and media comments, looking for bias that might determine the nature of their
future decision making.   It was usual for the confirmation to be a balanced vote between the Senate political parties which ensured the nominee was acceptable to both sides of politics.

During Barak Obama's terms in office he succeeded in filling two High court vacancies.  Sonia Sotomayor joined the bench with a Senate vote of 68/31 and Elena Kagan with 63/37, but during his last year in office the death of sitting member Antonin Scalia presented the need for a new nominee - and politics disturbed this voting precedent.

Obama proposed Merrick Garland but the Republican party had the numbers in the Senate and they refused to conduct a confirmation hearing or put the nominee to a vote.   The vacancy remained unfilled when Donald Trump won office and he successfully seated a judge, but his next nominee - Brett Kavanaugh - struck trouble when a woman accused him of a sexual attack many years earlier when they were both attending  high school.  Public opinion divided the nation but eventually Kavanaugh was confirmed on a vote of 50/48, the closest ever in US history.

This intrusion of politics into the hallowed selection of High court judges has probably tainted the respect accorded High court judgement decisions forever.   The Republican party has a conservative agenda and Kavanaugh will be regarded as Trump's " creature "  and High court decisions may swing sharply to the right.   It is possible that Republican pressure to elevate Kavanaugh might deliver a Democrat controlled Senate at the forthcoming mid term election and that the Democrats may balance the High court by forcing a nominee of their choice in a similar partisan vote when the opportunity occurs.

In essence, Kavanaugh seemed a suitable contender for the High court until that sexual attack matter arose and he might have been wise to withdraw.  He denied the accusation but the " Me Too "  movement acrimony will haunt his decisions and colour the grace in which future High court decisions will receive public acceptance.  In the eyes of many Americans, Trump has succeeded in imposing a Republican traitor to influence the decisions of the High court to his liking.

The danger is that a Conservative High court may reverse past decisions on abortion and same sex marriage, which would be unacceptable to a vast sector of the public.  The intrusion of politics into the High court is destroying the consensus that existed which caused ordinary Americans to accept the wisdom of that court even when it contrasted with their own views.

Now that politics have cast a shadow on the highest court in the land, a return to normalcy seems impossible  !