With a Trump Win, Republican Judges Will Rule the Courts—and Our Lives

OPINION (WIB) – If you’re thinking of not voting in the November presidential election, let me give you one important reason why you should vote — the courts.

Let’s say you’re a progressive who wants Medicare for All, the Green New Deal, the George Floyd Justice in Policing Act, and reparations for Black people. Trump opposes all these things, but Biden is too much of an incrementalist for you. So you decide not to vote. What’s the worst that could happen, right?

Well, if Trump is elected, he could appoint up to three new right-wing Supreme Court justices and hundreds of lower court federal judges. Why is that important? Because federal judges have lifetime tenure. Many join the bench when they’re in their 40s or 50s and stay in position for decades until they die or retire.

That means that when the next president comes along in 2028, it will be virtually impossible to implement a progressive agenda. Any policies you support will be struck down by Trump-appointed Supreme Court Justices and federal judges for the next two to three decades.

We’re seeing it already. In just four years in office, Trump appointed one-third of the U.S. Supreme Court and 242 federal judges. That’s why so many of Joe Biden’s policies have been struck down.

Trying to go to college? The U.S. Supreme Court ruled 6-3 last year that colleges and universities can no longer use race in admissions to create a more diverse student body. All six justices who killed affirmative action were appointed by Republican presidents. The three Democratic-appointed justices dissented.

Struggling to pay your student loans? The Supreme Court killed student loan debt relief that would have helped 40 million Americans. Once again, all six justices were Republican appointees.

Need to have an abortion? The Supreme Court ruled two years ago that women no longer have reproductive rights to control their own bodies. All six justices who overturned Roe v. Wade were Republican appointees.

Did you fall behind on your rent during the pandemic? The Supreme Court ended the nationwide eviction moratorium that protected millions of American renters from being kicked out of their apartments. Once again, a 6-3 Republican decision.

Want to vote for a Black member of Congress? The Supreme Court ruled that Republicans can use a racially gerrymandered voting map that disenfranchised Black voters in South Carolina. But all six Republican-appointed justices allowed the map.

And it’s not just the Supreme Court.

Looking to launch a Black business? A federal judge in Texas ruled that the Minority Business Development Agency, a 55-year-old agency, is now illegal because it discriminates against white people. Once again, the judge was appointed by Donald Trump.

Need startup money for a new firm? A federal appeals court in Georgia ruled that a venture capital fund for Black women called the Fearless Fund can no longer focus on helping Black women. Both judges who voted against Black women in the 2-1 decision were appointed by Donald Trump.

Need help on the farm? A federal judge in Florida stopped President Biden’s debt relief program that helped Black farmers because it was unfair to white farmers. The judge was appointed by Republican President George Bush, exposing the influence of conservative jurists appointed years ago.

Then, just a few days ago, a Trump-appointed federal judge in Texas wouldn’t even allow emergency disaster assistance for Black farmers because it was unfair to white men.

Republican-appointed judges in the state courts are just as dangerous for Black people.

Want to wear your natural hair? A Texas judge ruled that a school district could force high school student Darryl George to cut his locs, despite the state’s CROWN Act that prohibits hairstyle discrimination. The judge ran as a Republican.

Want to protest racism? A Missouri judge just expunged the records of the infamous St. Louis couple who previously pleaded guilty to assaulting Black Lives Matter protesters with guns. The judge was appointed by Missouri’s Republican governor.

RELATED: As Black Gun Deaths Rise, Biden Says Congress Must Act

Elections have consequences. President Biden appointed the first Black woman on the U.S. Supreme Court and appointed more Black judges in his first 1,000 days than any president in history. In fact, he appointed more Black judges than the last four Republican presidents combined. Trump, on the other hand, was the first president since Richard Nixon 50 years ago to appoint no Black judges to the U.S. Courts of Appeals. Give him another four years, and it’s all over for us.

While we’re busy scrolling through social media every day, hundreds of decisions are happening in courtrooms all around the country that affect our lives.

By not voting, you’re not helping Black people or promoting the progressive cause. You’re consigning your children to live under a legal regime governed by anti-Black Republican judges for years to come.

“Black Vote, Black Power,” a collaboration between Keith Boykin and Word In Black, 
examines the issues, the candidates, and what’s at stake for Black America in the 2024 presidential election.

Keith Boykin is a New York Times–bestselling author, TV and film producer, and former CNN political commentator. A graduate of Dartmouth College and Harvard Law School, Keith served in the White House, cofounded the National Black Justice Coalition, cohosted the BET talk show My Two Cents, and taught at the Institute for Research in African-American Studies at Columbia University in New York. He’s a Lambda Literary Award-winning author and editor of seven books. He lives in Los Angeles.

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