TRENDS Research and Advisory has released a study entitled “The Supreme Court and the US elections: The role of the judiciary in American politics.” The study analyzes the probable role of the US judiciary, especially the Supreme Court, in the US presidential election 2024, amid the wide legal and political controversy over the candidacy of former US President Donald Trump.

The study was conducted by Dr. Ali Abu Farha, Expert at the Department of Strategic Studies, and Awad Al-Breiki, Principal Researcher and Sector Head of Trends Global. It explores the growing influence of the judiciary in the US political space, with the increasing number of constitutional revisions in Western Europe after World War II, and the tendency of many ruling elites in presidential systems to make constitutional amendments.

The study confirms the ambiguity of the American constitution on the issue of appointing Supreme Court judges, which is known in jurisprudence as the “silence of the intended text,” allowing “recess” and “silent obstruction” appointments to restrict the appointments by the president.

The study warns that the next president may be chosen by the courts and not by the results of ballot box, which could negatively affect democratic practice in the United States of America.

The study recommends a process of reconsidering how U.S. Supreme Court justices are appointed, the need to review constitutional provisions regarding the appointment of judges, and raising awareness of the dangers of judicial interference in US elections.