Ezra Bitterman is a sophomore journalism major at MU. He is an opinions editor.
The buildup to the 2022 midterms has dominated the US political landscape for the better part of a year. The lead up to this year’s election cycle has been particularly contentious given the overturning of Roe V. Wade, high inflation and particularly menacing language used in many campaigns.
While the election is important, it’s not the most powerful movement in politics. There is a much more significant plot unwinding in America that extends beyond midterm elections. The far right movement of the Supreme Court and polarization of state legislators cast doubt upon many longstanding constitutional privileges such as the right to choose.
As conservative justices on the Supreme Court give more power back to the states, a few things will almost certainly happen. Republicans currently control 30 state legislatures, allowing them to pass much of their agenda if the courts return power on key issues to state and federal legislatures. With this power, things like the universal right to gay marriage may become endangered. Especially given that 35 states have a gay marriage ban in their constitutions right now. This almost guarantees that at least a significant amount of the country will be affected. Ted Cruz even recently mentioned that he would favor the courts overturning Obergefell v. Hodges, which enshrines the right to gay marriage. Supreme Court Justice Clarence Thomas also supported this in his opinion on the overturning of Roe. Of course, this is not a certainty as congress may enshrine gay marrige into federal law, which would prevent the states from banning gay marriage.
. Democrats will have a strong and clear reaction to these conservative challenges. First, states with left-leaning legislators will enact laws to further expand people’s human rights to distance themselves from what’s happening elsewhere in the country, as they did after Roe. Secondly, national Democrats will try to put things like gay marriage and abortion into law as more and more people become threatened.
This pattern from the Supreme Court also puts people’s right to fair voting conditions at risk. Last year the court ruled in favor of Brnovich V Democratic National Committee, which allowed for discremntory voting laws to stay on the books. The case considered two voting provisions in Arizona state law. One forced all ballots not received in the proper polling place to be thrown out even in presidential elections where the location of the precinct doesn’t matter. The second prevented mail-in ballots from being submitted from a non relative neighbor or friend. These laws being upheld by the supreme court are highly problematic for Arizona voters. It’s easy to get confused about where your polling place is, but that’s no reason to have your ballot thrown out. The second provision drew concern from the Navajo Nation as many in that community rely on their neighbors to deliver their mail.
The court is set to hear a North Carolina case threatening to take away judicial powers to block heavily partisan gerrymandering maps. Republican legislators argue that the state legislators deserve complete, unchallengeable control over the state’s redistricting process. If the court sides with the North Carolina legislature, Lawmakers would have little to no restrictions on gerrymandering which is the manipulation of a district to benefit one party or group.This would have a considerable effect on rapidly growing states, such as Texas .Lawmakers could make congressional maps that prevent diversifying areas from getting their voice by lumping them in with larger areas. This is what the North Carolina legislature has been trying to do, but it continues to face resistance from the North Carolina Supreme Court.
If the courts decide to put these human rights to fair voting, gay marriage and abortion in the hand of the states, America will transform into a vastly different country. There will be one America where states will enshrine ideals held dearly by so many, and a second where its citizens aren’t respected; and the idea of one man, one vote is violated. Our country will become increasingly polarized as each state separates in policy. Living in one region will be entirely different than living in another. It’ll be hard to rectify something like this as passing laws in Congress is already incredibly difficult.
While the midterms are important to the future of our nation, how we react to what’s happening around us is even more vital. State level policy is going to be what defines the next few years in America. It’s essential we take what our local politicians do as seriously as ever. To vote in Missouri, you must register by October 12th for the November 8 Midterm. I encourage you to support organizations like Planned Parenthood and the American Civil Liberties Union that help preserve our democracy.
Edited by Abby Ramirez | aramirez@themaneater.com
Copy Chief — Emily Rutledge | erutledge@themaneater.com
