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In 2016, Donald Trump did not get a majority in the November election – Hillary Clinton got nearly three million more votes – but she did secure enough votes in the Electoral College, thereby becoming the 45th president of the United States.
His arrival at the White House was controversial and polarized this country as decades ago it was not seen.
His mandate has had the same tenor: From controversies with the porn actress Stormy Daniels, a language never seen before in a president and even the shadow of the Russian intervention in his victory, these have been just some of the scandals that have captured the attention of the local and world press.
Now Trump hopes to sweep the Electoral College again, the mechanism that in the United States decides who reaches the first magistracy or not, and has focused its campaign on Florida and the swing states, those states where the vote can fluctuate between one party or another in each election.
The polls give Joe Biden the winner, something similar to what happened in 2016. All the polls said that Clinton would win comfortably over him, however that did not happen.
But whether or not to remain in command of the Executive (something that will probably not be known in several days, in the worst case), Trump has already forged a legacy that will be felt for decades in the United States, even – most likely – after his death.
Trump’s courts
In the United States it is the Senate the one that confirms the judges of the federal justice system.
The Senate has been in the hands of the Republicans for years, for which the group of legislators, led by Mitch McConnell, blocked at all costs approving Barack Obama’s nominees to this power of the State.
Trump has taken it as a personal victory have successfully nominated and installed so many judges, but the truth is that he could only do so because with McConnell Obama he could do nothing.
With Trump in the White House, with 53 out of 100 seats in the Senate and with Republican Lindsey Graham as chairman of the Justice Commission, McConnell gave free rein to accept Trump’s proposals at all costs.
Specific, as of September 25, Trump has succeeded in confirming 218 federal judges, a quarter of all jobs in the country.
As of October 22, in the US federal justice system there were 60 vacancies, 37 pending nominations, 14 people awaiting their vote and 23 magistrates in line to attend their hearings before the commission where the Republicans have 13 senators and the Democrats 10.
Supreme Court
Perhaps the most newsworthy nomination was Amy Coney Barrett, a 48-year-old ultra-conservative judge from Chicago’s seventh judicial district, a devout Catholic who is outspokenly anti-abortion.
Coney Barrett worked with Antonin Scalia, a supreme ultraconservative who died in February 2016, therefore knows the work of the highest federal court.
His nomination was known in the days of the death of Ruth Bader Gingsburg, the supreme liberal who became a progressive and feminist icon and even received the nickname of “notorious RBG” from the hand of the rapper The notorious BIG, murdered in 1997.
Among the achievements of her judicial career, RBG was part of the legal battle so that women could manage their money and even access credit cards in their name, and not under that of their husband.
Unlike the Chilean Supreme, where ministers work until they are 75 years old, In the United States, work is for life.
Trump, 74, installed three judges under his rule, with which the court was left with a 6-3 Republican majority that could last almost three decades.
And in the case of federal judges something similar happens, since both positions are governed under Article III of the Constitution, which gives the green light to their performance as long as there is “good behavior”, which really means “for life”, unless they resign, are dismissed or die .
That is why securing the judicial system with judges sympathetic to the Republican Party was important to Trump: the same would suit the president if this election ends in the Supreme Court, as happened in 2000 with George W. Bush versus Al Gore.
In addition to this, in the coming weeks the Court Supreme Court has to hear allegations against Obamacare, the health insurance system installed by the former president that insures more than 20 million Americans.
Trump is an outspoken critic of the program and he has been saying for years that he has a better idea, although he has not shared it in debates or before press inquiries.
The case points directly to the constitutionality or not of Obamacare. If the Court rules against it, that will mean the total revocation of the program.
Joe Biden and Kamala Harris, opponents of Trump and Mike Pence on Tuesday, have not responded to media inquiries about what actions they will take to remedy this.
In particular, they have avoided confirming or denying whether they would resort to court packing, in other words, increase the number of ministers who sit in the court of last instance.
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