Saturday, March 16, 2024

Michael Tomasky in The New Republic

 When we talk about what’s wrong with our democracy, we talk about our political structures and processes. We talk about the Senate. We talk about the Electoral College. 

We don’t talk about our legal system. We should. The American legal system doesn’t uphold the values of democratic rule like equality. It far more often corrupts and perverts them. Rich people like Trump twist the system into a pretzel and win delay after delay after delay. Corporations pay fines, usually not that large when considered against their bottom line, and they admit no wrongdoing, even after their practices have killed people. Poor people, meanwhile, get pushed around by the system constantly. 

There is no such thing in this country as equality before the law, and everyone knows it. And I would argue that this legal inequality does more damage to democracy than all the political inequities for the simple reason that they’re more visible. And they’ve never been more visible than they are now with Trump. If he is able to push all these cases back past November, or at least three of them (the Bragg case should proceed this summer), and then especially if he wins the White House and pardons himself, that will constitute the biggest failure of the rule of law in the history of the country.


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