All students of history will agree that there are three branches of government. There is the House and the Senate, and last but by far not the least, the Supreme Court.
There will be a lot of factors that will decide who is the next president, but my bet is that the nation’s highest court will be the body that will decide the fate of candidate Donald Trump.
The court will get its first opportunity to shape history when it decides whether the former president can be kept off of the Colorado and Maine ballots.
Most legal scholars agree that the Court will more than likely restore former President Trump to the ballot and settle the question as to whether presidential candidates have a right to go before the voters.
That will make the Trump camp happy. The rest of the upcoming docket will be a lot tougher for Trump.
The recent appellate decision deciding that President Trump does not enjoy immunity, once he is a private citizen, is a body blow to the Trump campaign.
The Supreme Court will get a chance to decide if the lower court was right and that could happen within weeks. There is also a possibility that the Court will decline to take the case which would trigger a criminal trial for Mr. Trump by June of this year.
The next case that will impact on the November election is the matter involving Idaho’s six week ban on any abortion being conducted in an emergency room.
The court has already upended Roe v. Wade and if the conservative majority sticks to its anti-choice philosophy, a decision favoring the ban will help encourage major demonstrations by the choice movement.
Abortion is an issue that will be front and center again this year but other cases will get a strong reaction from the women of America. Presently, more than half of America’s women take a morning after pill.
The anti-abortion advocate groups have brought a case before the high Court that could decide whether the Food and Drug Administration has the power to regulate drugs of any kind.
Aside from the fact that the FDA challenge could create major disruptions for millions of women, various anti-vaccine groups would start their own litigation to outlaw dozens of important medicines aimed at keeping children healthy.
Gun control is one of America’s hot button issues and there are two cases that will get lots of attention from the gun safety groups.
One matter deals with a government ban on the attachment that makes a guns fire as rapidly and makes them into an automatic weapon. The second one deals with taking away gun rights from spouses who are abusive to their wives.
A pro-gun decision on either case will definitely reignite the gun control debate.
These are just a handful of cases that will be argued and decided by the end of June. That kind of timing guarantees strong reactions from the anti-Trump movement.
In addition, there will be numerous appeals by Mr. Trump from any kind of decision in any court you can name. There are two cases pending in New York that will get appealed as far as Mr. Trump can take them.
One or two of them may get to the nation’s highest court, if the court is inclined to grant any appeal. Up to now, the Supreme Court has not shown any consistent bias in favor of Trump. who continuously brags about his appointment of three very conservative justices.
As for all the lower courts, the former president has a poor batting average. All of Trump’s challenges to state election laws have been rejected in more than 60 courts.
The vast majority of those cases were before judges who had been appointed by President Trump who decided against his stolen election claims.
Considering that Mr. Trump has spent over $60 million in campaign donations on his lawyers, no future book will be written which refers to all of the courts as Trump’s courts.