NB: I’m writing this as if I don’t know how yesterday’s election turned out. 

            As 5 November 2024 loomed, nothing seemed to shift the balance of voters.  A Wall Street Journal poll reported that Donald Trump led Kamala Harris 51 to 47 percent nation-wide; a New York Times poll showed them even in the seven “battleground” states.  This wasn’t a simple difference of opinion.  Another poll reported that 87 percent of respondents believed that “America will suffer permanent damage if their candidate loses.” 

In light of the themes of speeches used by the two candidates and their parties in this election season, it isn’t hard to see why so many people are worried.  In the sprint to the finish, neither candidate did anything to lessen voter fears.  Kamala Harris said that Donald Trump is a “petty tyrant”; that he is “unstable, consumed with grievance, obsessed with revenge, and out for unchecked power”; and that electing him President will produce an America “ruled by chaos and division.”[1]  For his part, Trump lambasted the Democratic Party as “a crooked, malicious, leftist machine” and “the most sinister and corrupt forces on Earth.” 

Whichever one of them wins, the judiciary is going to be re-made.  Asked straight-out about expanding the Supreme Court to outvote the current conservative majority, Harris refused to disavow such a plan.  If Trump wins, any vacancies in the next four years will be filled with Federalist Society-vetted people like Barrett, Kavanaugh, and Gorsuch. 

            Much will depend on the outcome of races further down the ballot, especially the Senate.  If one party gains both the White House and the Senate, it will grasp Executive and Judicial appointments for at least two years.  In Senate races (where one-third of the Senate stands for election every two years), Republicans have the easier path to control.  Flipping one seat, would give them a tie.  The Vice President would be the deciding vote on some legislation, but the filibuster would block most legislation.[2]  If the Republicans win two or more seats, then they would have the majority and could either block all Democratic legislation (if Harris wins) or push through some legislation if Trump wins.  (The American system is murkier and more contingent than are European parliamentary systems.)  Republicans appeared confident that they could win seats in West Virginia and Montana; they hoped to win seats in Pennsylvania, Ohio, Wisconsin, and Michigan.  Pollsters agreed that these hopes were reasonable.  Control of the House of Representatives appeared up for grabs.[3] 

            Fear haunted the Democrats.  Democrats warn that an election that gives Republicans control of both houses of Congress and the Executive Branch, combined with a Republican super-majority on the Supreme Court, will allow the Republicans to launch a sweeping remodeling of American government.  Then, many Democrats have given voice to their fear of violence from Trump’s supporters if he loses.  Stoked by four years of accusations of a stolen election, it might be much worse than on 6 January 2021.  What if he wins?  What if he wins both the popular vote and in the Electoral College?  How will Democrats absorb such a stinging rejection of all their warnings? 

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[1] “Harris warns of ‘petty tyrant’ Trump in closing pitch,” The Week, 8 November 2024, p. 4.  Harris also proclaimed that “We have to stop pointing fingers and start locking arms.” 

[2] Harris has already called for an end to the filibuster in the Senate. 

[3] “Republicans hold edge in race to control Congress,” The Week, 8 November 2024, p. 5.