The Shifthing Narrative

From Populism Newsletter #3, February 2021, pp. 12-13.

Maren A. Schäfer

Heidelberg Center for American Studies, University of Heidelberg

After the 2020 presidential election, courts and the Supreme Court in particular played an important role in Donald Trump’s tweets. Trump, having gained less votes than his opponent, tried his best to turn the election with one court case after another. Anticipating a tight election, the President had hoped the conservative judges whom he had appointed to so many federal courts as well as the Supreme Court would decide in his favor, despite the election results delivering the presidential election to the Democrats.

Looking at Trump’s Twitter feed, one can see that the portrayal of courts and judges shifted after the election, reflecting his disappointment in the justice system which did not react in the way he wanted. With over 88 million Twitter followers, the President had a global platform to promote populist attitudes vis-à-vis democratic institutions such as the justice system. An analysis of tweets posted between June 16, 2015, the date on which he announced his run for the presidency, and December 13, 2020, shortly after the Supreme Court rejected a Texas lawsuit contesting the election’s results, revealed a long-term narrative in which Trump ties judges and their rulings to patriotism. He follows the principle: If courts rule in his favor, the ruling is good for the country; if courts rule against him, the ruling is bad for the country. The President also makes judges personally responsible for these ‘unpatriotic acts’. In his Twitter discourse, this principle was particularly poignant for the Supreme Court and its justices.

Prior to the 2020 presidential election, Trump’s tweets praise his appointees for court positions. Throughout his time in office, Trump had the opportunity to appoint over 200 judges and three Supreme Court justices. He frequently assured his followers that his appointees would act in the country’s best interest, even though the judiciary is independent from the executive branch of government, meaning that Trump has no influence over court rulings. Yet, he is particularly proud of his nominees of Supreme Court justices, presenting them as great, patriotic judges who will benefit the country: “Last night, we made history and confirmed Amy Coney Barrett to the United States Supreme Court! Justice Barrett will defend our rights, our liberties, and our God-Given FREEDOM!” (2020a) Trump thereby highlights her patriotism, promising a great future for “us” – himself and the country.

In the days after the election, Trump stayed confident that his appointees would help him win the election. When state courts had rejected cases and a Texas lawsuit reached the Supreme Court, Trump tweeted: “If the Supreme Court shows great Wisdom and Courage, the American People will win perhaps the most important case in history, and our Electoral Process will be respected again!” (2020c) This underlines Trump’s narrative that the great Supreme Court justices who he nominated will act patriotically by supporting him and, thus, the country, and it illustrates his disregard for the judiciary’s independence. The Supreme Court is presented as the last reliable bastion to protect the country from the alleged election fraud. With Americans having more confidence in the Supreme Court than in other institutions such as Congress or the military, this narrative of support for Trump’s cause – in spite of the justice system’s impartiality – is especially powerful.

One day after the Supreme Court’s rejection of the Texas lawsuit, Trump posted the following tweet:

According to Trump’s interpretation, despite viable evidence and support, which Trump presents as a sign of his just cause, the Supreme Court did not take the time to examine the case, thus supporting a “Rigged Election.” His ‘great’ justices therefore failed both him and the country. To emphasise his opinion, Trump also starts to portray the justices, once framed as good and patriotic men and women, as cowards: “[…] They just ‘chickened out’ and didn’t want to rule on the merits of the case. So bad for our Country!” (2020f) In this view, the court’s ruling against Trump’s interest is hurting the country.

Looking at Trump’s tweets shows how his framing of Supreme Court justices has changed, shifting from ‘great’ and ‘patriotic’ to ‘unpatriotic’ and ‘cowardly’ justices who are unwilling and afraid to act. His narrative, however, – tying judges’ rulings to Trump’s idea of patriotism (or the lack thereof), meaning unconditional support for his own interests – continued after the loss of the election and the subsequent legal action against its results. He portrays the justice system as inadequate and ‘bad’ for the country, thereby discrediting an institution which is vital for America’s democratic system and which should guarantee due process and equal treatment for everyone before the law. Yet, Trump warns his followers: “The Supreme Court decision on voting in Pennsylvania is a VERY dangerous one. It will allow rampant and unchecked cheating and will undermine our entire systems of laws. It will also induce violence in the streets. Something must be done!” (2020b)

Although Trump is unable to truly act on this warning, his rhetoric is deeply problematic as it undermines trust in institutions and feeds into the skepticism many Americans already feel towards the political system and its actors. With millions of Twitter followers and news outlets worldwide reporting on every word President Trump says, he has a massive influence on public discourse and a broad platform to promote his populist views. Framing the Supreme Court as ‘unpatriotic’ in particular has the potential to further foment distrust in the justice system amongst the general public.

References

Trump, Donald [@realDonaldTrump] (2020a, October 27, 2020, 9:34 PM EST). Twitter. Retrieved from https://twitter.com/realdonaldtrump/ status/1321188538596032513

Trump, Donald [@realDonaldTrump] (2020b, November 2, 2020, 8:02 PM EST). Twitter. Retrieved from https://twitter.com/realdonaldtrump/ status/1323430341512622080

Trump, Donald [@realDonaldTrump] (2020c, December 11, 2020, 3:28 PM EST). Twitter. Retrieved from https://twitter.com/ realdonaldtrump/status/1337494507756072961

Trump, Donald [@realDonaldTrump] (2020d, December 12, 2020, 5:04 AM EST). Twitter. Retrieved from https://twitter.com/ realdonaldtrump/status/1337790419875352576

Trump, Donald [@realDonaldTrump] (2020e, December 12, 2020, 6:24 AM EST). Twitter. Retrieved from https://twitter.com/ realdonaldtrump/status/1337629305405321216

Trump, Donald [@realDonaldTrump] (2020f, December 13, 2020, 11:16 PM EST). “The fact that the Supreme Court wouldn’t find standing in an original jurisdiction matter between multiple states, and including the President of the States, is absurd. It is enumerated in the Constitution... They just ‘chickened out’ and didn’t want to rule on the merits of the case. So bad for our Country!” Twitter. Retrieved from https://twitter.com/realdonaldtrump/status/1338246403164954629