PAGBABAGO

In its 2021 Global Report, International IDEA cites three of the world’s largest democracies – United States, Brazil, and India as “backsliding democracies.” In other words, the study found that there are signs of “authoritarianism” and other indices of backsliding. 

The recent US Supreme Court decision giving former President Trump absolute immunity for official acts is a clear indicator that, indeed, democratic decline is happening in the country where our political ideology had been patterned. In fact, the same report had pointed out that the Philippines is one of the countries that had been experiencing a backsliding.  

In the recent “breaking news” report, the US Supreme Court, in its landmark decision, voted 6-3 with Chief Justice John Roberts leading  his other fellow conservatives. US President Joe Biden condemned the SC ruling noting that it means that the president’s actions has no limits and that "he can virtually do anything he wants to do.” Justice Sonia Sotomayor and the two other liberals, expressed dismay saying the decision is “indefensible and would create a king above the law.”  

The case involved the Jan. 6 mob riot at the US Capitol where the defeated Donald Trump delivered a speech that incited his followers who subsequently initiated a riot that killed five persons. We still await the decision of the lower courts regarding the “unofficial” acts of Trump which the Chief Justice noted are private acts, and are not subject to immunity.  

The announcement of the US Supreme Court almost upstaged the reaction to Biden’s poor showing during his debate with Trump. He stumbled and showed he had a “bad night,” and had fellow Democrats worried about whether he was fit to run for a second term. With support of family, allies, and former US presidents, Biden had decided to pursue his reelection campaign.  But he also noted that he was not sure he would run if Trump was not running. Which indicated his concern about the dangers the country would face if it had Trump elected as president. 

The implications of the Supreme Court ruling on immunity for Trump are that (1) it would help Trump avoid further trials before election. Which means that the ruling will certainly delay past the November election; and (2) the ruling limits checks on presidential power. As Justice Sotomayor noted, the decision “effectively creates a law-free zone around the president. It disregards the motives and allows the president who wields power for even the most corrupt purposes to be immune from criminal prosecution.” 

Needless to state, the independence of the judiciary is an essential element in evaluating the country’s state of democracy. ([email protected])