TYT: Don’t Call Evangelicals Christians

“Conservative evangelical Christians in the United States are President Donald Trump’s most staunch supporters, despite the fact that the president is a serial adulterer who has been accused by multiple women of sexual assault and who regularly deploys racist attacks on political opponents. A Washington Post profile of Trump-loving evangelicals shows that many of them felt they were under assault by former President Barack Obama — and one of them pointed to the Obama White House lighting up in rainbow colors in 2015 to celebrate the Supreme Court’s ruling legalizing LGBT marriage.”*

Numbers 5:23-27 (abortion)

Biden Wants to Work With ‘the Other Side.’ This Supreme Court Battle Explains Why.

In the clash over Robert H. Bork’s nomination, Joe Biden’s moderate instincts defined a winning strategy.

Joseph R. Biden Jr. was on the brink of victory, but he was unsatisfied.

Mr. Biden, the 44-year-old chairman of the Senate Judiciary Committee, was poised to watch his colleagues reject President Ronald Reagan’s formidable nominee to the Supreme Court, Robert H. Bork. The vote was unlikely to be close. Yet Mr. Biden was hovering in the Senate chamber, plying Senator John W. Warner of Virginia, a Republican of modestly conservative politics and regal bearing, with arguments about Bork’s record.

Rejecting a Supreme Court nominee was an extraordinary act of defiance, and Mr. Biden did not want a narrow vote that could look like an act of raw partisan politics.

“We already had Bork beat,” said Mark Gitenstein, who was then chief counsel to Mr. Biden’s committee. “But Biden really wanted to get Warner because he had such stature.”

Mr. Biden’s entreaties prevailed: Mr. Warner became one of 58 senators to vote against Bork, and one of six Republicans.

The Senate’s resounding rejection of Judge Bork in the fall of 1987 was a turning point, the first time it spurned a nominee to the high court for primarily ideological reasons. The vote ensured that the court’s swing seat would not go to a man with a long history of criticizing rulings on the rights of African-Americans and women. It also enraged a generation of conservatives and transformed the judge’s name into an ominous verb: Fearful of getting “Borked,” no nominee would ever again speak so freely about his views as Bork did.

The Senate’s resounding rejection of Judge Robert H. Bork in the fall of 1987 was a turning point, the first time it spurned a nominee to the high court for primarily ideological reasons.

It was also a personal turning point for Mr. Biden. In the Bork debate, Mr. Biden’s political ethos found its most vivid and successful expression.

A review of Mr. Biden’s conduct in the debate — including interviews with 16 people directly involved in the nomination fight, and a review of the hearings and Mr. Biden’s speeches — yielded a portrait of Mr. Biden as an ambitious young senator determined to achieve a vital liberal goal by decidedly unradical means.

The strategy Chairman Biden deployed then is the same one he is now proposing to bring to the White House as President Biden.

In the 1980s, as today, he saw bipartisan compromise not as a version of surrender, but as a vital tool for achieving Democratic goals.

Then, as now, Mr. Biden saw the culture and traditions of the Senate not as crippling obstacles, but as instruments that could be bent to his advantage.

And in both defining moments — his leadership of the Bork hearings and his third presidential campaign — Mr. Biden made persuading moderates, rather than exciting liberals, his guiding objective.

Mr. Biden, whose campaign declined to make him available for an interview, has strained to defend this approach in the 2020 presidential primary, offering only a halting rationale for a political worldview that other Democrats see as out of date. His rivals have branded him as a timid and even reactionary figure — a creature of the Senate cloakroom who partnered with former segregationists to pass draconian anti-crime legislation and joined with the business lobby to tighten bankruptcy laws.

And Mr. Biden’s opponents point not to the Bork hearings but a different confirmation battle as proof that his instincts are flawed. Four years after Bork was defeated, Mr. Biden would again take an accommodating approach to his Republican colleagues during Justice Clarence Thomas’s confirmation hearings, allowing harsh and invasive questioning of Anita Hill, the law professor who accused the nominee of sexual harassment. Mr. Biden would later express “regret” for the treatment she endured.

But he has never regretted the conciliatory style that led him to triumph against Bork. In that process, every important decision Mr. Biden made was aimed at winning over conservative Democrats and moderate Republicans — men like Mr. Warner.

Now 92, Mr. Warner said in an interview that his memories of the Bork hearings had grown foggy over the years. But two impressions were indelible, he said. The first concerned Reagan’s nominee: “I never encountered a man with a shorter temper,” Mr. Warner said.

The second concerned the caliber of the Senate’s deliberations.

It was a real, solid, good debate, led by Biden,” Mr. Warner said. “He showed extraordinary leadership.”

The outcome was not foreordained, for either Bork or Mr. Biden. The debate unfolded at a moment of humiliation for Mr. Biden, whose first campaign for president unraveled as the Bork hearings approached their climax. And the judge was no timid adversary, as the journalist Ethan Bronner wrote in a book on the nomination.

Robert Bork,” Mr. Bronner wrote, “was a man of war.”

Mr. Biden was seated behind a desk in a spacious living room adjoining his study at his Wilmington, Del., home. A few aides sat or stood around the room, where pizza was in generous supply. Squared off against Mr. Biden was Robert H. Bork — or rather, a convincing simulacrum played by the constitutional scholar Laurence Tribe.

Mr. Tribe and Mr. Biden would spar for hours in a series of sessions that August, joined occasionally by other legal experts who would help Mr. Biden hone his queries on subjects from antitrust regulation to sexual privacy.

Biden’s questions were really smart, and they also needed some sharpening,” Mr. Tribe said in an interview, citing Mr. Biden’s tendency to “ask one thing and mean something slightly different.”

Mr. Biden came to those training sessions by a jagged path, shaped by pressure from progressive activists and the delicate politics of the Judiciary Committee. He was arming himself to oppose Bork, but not with the methods of the left.

On the day Bork was nominated, liberals viewed Mr. Biden with suspicion. Taking over one of the Senate’s great committees at a boyish — for the Senate — age of 44, Mr. Biden had already split with progressives on the issue of busing as a means of desegregating schools. Until Bork, the authors Michael Pertschuk and Wendy Schaetzel would write, Mr. Biden “had been reluctant to challenge Reagan’s transformation of the federal judiciary.”

The previous November, the soon-to-be chairman had given liberals new reason for concern, suggesting to The Philadelphia Inquirer that he might one day vote to put Bork on the Supreme Court, should he be Reagan’s next nominee.

“I’m not Teddy Kennedy,” he told the newspaper.

When Justice Lewis F. Powell Jr., a flexible conservative, resigned from the court in late June, Mr. Biden found himself in the shadow of Kennedy, the party’s leading liberal, and laboring to reconcile his own moderate instincts with a mood of alarm on the left. When the White House announced Bork’s nomination on the first day of July, Kennedy delivered a thunderous warning from the Senate floor: In “Robert Bork’s America,” Kennedy said,

  • women would be forced into back-alley abortions,
  • blacks would sit at segregated lunch counters.”

The scathing address was a call to arms for the left, and it helped animate a coalition of progressives — led by feminists, civil rights activists and labor unions — that applied pressure to undecided senators throughout the summer.

His record was so extensive, and it touched almost every issue of importance to American life,” said Nan Aron, a leading anti-Bork activist. “It wasn’t simply a single issue that caused people to be alarmed.”

Another purpose of Kennedy’s speech, his allies have said, was to ensure Mr. Biden would not cave.

One of the reasons for ‘Robert Bork’s America’ was to freeze Biden,” Jeffrey Blattner, a Kennedy aide, would say decades later, in an oral history for the Edward M. Kennedy Institute for the United States Senate. “He’s running for president. We didn’t want to leave him any choice.”

Mr. Biden quickly aligned himself with Kennedy, and, at his liberal colleague’s urging, secured an agreement from Senator Strom Thurmond — the 84-year-old former segregationist who was the Judiciary Committee’s top Republican — to delay Bork’s hearings until September.

Biden was under a lot of pressure, particularly from the liberal senators,” said former Senator Dennis DeConcini of Arizona, a centrist Democrat who said he began the confirmation process favorably disposed toward Bork. “At first, I was leaning strongly to vote for him.”

Even as he pledged to oppose Bork, Mr. Biden made clear to progressive leaders in a private meeting that he saw his role as sharply distinct from theirs. He would play an inside game aimed at swaying Senate moderates, starting with the four undecided members of his committee:

  1. Mr. DeConcini and two other Democrats,
  2. Robert C. Byrd of West Virginia and
  3. Howell Heflin of Alabama, and a Republican,
  4. Arlen Specter of Pennsylvania.

Ralph Neas, a civil rights activist who joined the liberals’ initial meeting with Mr. Biden, said the chairman conveyed “that he would take the lead and we would try to put together a bipartisan coalition.”

Biden’s street cred with a lot of the centrists was quite high,” Mr. Neas said.

Mr. Biden was blunter with his aides: He would not adopt Kennedy’s rhetoric or make abortion his central cause. According to a book Mr. Gitenstein published in 1992 about the confirmation fight, Mr. Biden feared Bork would overturn Roe v. Wade but told aides he did not see the case as “great constitutional law.” More disturbing to him — and, he believed, more likely to sway undecided voters — was a Connecticut case on contraception that revealed Bork’s doubts about a broader right to privacy.

“It really concerns me more than abortion,” Mr. Biden is quoted as saying in the book.

In their sessions, Mr. Tribe said, the future vice president wrestled not just with Bork’s record but also with the idea of disqualifying nominees based on individual issues.

“I remember pushing back on Biden, saying, ‘If you think Roe v. Wade really ought to be the law of the land, shouldn’t that count?’” Mr. Tribe recalled. “He said, ‘Yes, it should count a lot, but I still don’t want to have a flat litmus test.’”

Mr. Tribe remembered thinking: “This guy’s a little bit more cautious than I am. But that’s fine, he’s playing a different role.”

Mr. Biden’s self-assigned role was readily apparent as the Bork hearings began in mid-September. Beaming down at the judge from a crowded dais, Mr. Biden praised him as man of towering achievement and “provocative” views. Flanked by Kennedy at one elbow and Thurmond at the other, Mr. Biden said the hearings should not be “clouded by strident rhetoric from the far left or the far right.”

Anytime you feel you want to expand on an answer, you are not bound by time,” Mr. Biden encouraged Bork, adding in a tone of levity, “Go ahead and bog us down.”

In the Bork hearings, every important decision Mr. Biden made was aimed at winning over conservative Democrats and moderate Republicans.
In the Bork hearings, every important decision Mr. Biden made was aimed at winning over conservative Democrats and moderate Republicans.CreditJose

The judge, bearded and broad shouldered, did not recognize the trap.

Few men could have been more prepared to face a constitutional interrogation. A former Yale Law School professor who served as the country’s solicitor general and, amid the maelstrom of Watergate, as acting attorney general, Bork brought to the hearings a reputation for quick eloquence and utter mastery of the law.

Mr. Biden had no such reputation, and the columnist George F. Will spoke for much of Washington when he predicted Bork would be “more than a match for Biden.”

The chairman gave his colleagues wide latitude to question Bork, whose testimony consumed five days. It culminated in an unusual Saturday hearing that was dominated by an hourslong debate between Bork and Specter, a former district attorney who frequently rode the Amtrak rails with Mr. Biden, about the meaning of constitutional intent. Mr. Biden had offered Specter half an hour for his questions; when Specter balked at the time limit, Mr. Biden relented and opened the way for a crucial exchange.

“His debate with my father on constitutional law did reveal him to be not sufficiently respectful of precedent, which pushed my father against him, and pushed other swing senators against him,” said Shanin Specter, the senator’s son and a Philadelphia lawyer. “It would not have happened if Biden, as chair, hadn’t permitted the hearings to go exactly as long as they needed to go.”

Mr. Biden sought, too, to quash attacks on Bork that he saw as risking political backlash. He shot down a plan to ambush Bork with a recording of a speech he gave in 1985, insisting on sharing it with the judge before airing it in the committee. And Mr. Biden and his aides refused a request from a number of prominent activists, including Ralph Nader, to testify in opposition to Bork. The left was applying powerful pressure from outside the Senate, but Mr. Biden preferred that its leaders stay there — on the outside.

Ms. Aron, who would later clash with Mr. Biden over the nomination of Justice Thomas in 1991, said the combination of popular pressure on the Senate and Mr. Biden’s high-minded hearings doomed the nominee.

What defeated Robert Bork was public pressure,” Ms. Aron said. “But what allowed the public to engage was a review of Bork’s record.”

And Bork did himself few favors: While he assured senators, in his rumbling voice, that he would not overturn rulings capriciously, he struggled to explain away past comments decrying “dozens” of shoddy Supreme Court decisions or deriding the Civil Rights Act of 1964, or ridiculing the concept of a constitutional right to privacy. He startled even some allies by describing as “troublesome” the reasoning behind a 1954 case desegregating public schools in the nation’s capital.

In his questions, Mr. Biden posed as a mere mortal grappling with the ideas of a giant.

“Clearly, I do not want to get into a debate with a professor,” Mr. Biden stressed, prodding Mr. Bork about the Griswold v. Connecticut case that ended a state prohibition on birth control: “As I hear you, you do not believe there is a general right of privacy that is in the Constitution.”

“Not one derived in that fashion,” Bork said of the popular decision. “There may be other arguments, and I do not want to pass upon those.”

Watching Bork’s testimony, his political backers knew he was losing. He was articulate, but he was also argumentative. His knowledge of the law was powerful, his political antennae were not.

“I can’t blame Biden,” reflected Tom Korologos, the Republican lobbyist tasked with ushering Bork onto the court. “I blame Bork and Specter, and the other senators, for going on and on.”

Every swing vote on Mr. Biden’s committee swung against Bork, sending him to the floor with a negative recommendation by a vote of 9 to 5. The White House offered Bork the chance to withdraw; he chose martyrdom instead.

His supporters gave him that much, accusing Bork’s opponents of bowing to activists like Mr. Neas and Ms. Aron. “The man’s been trashed in our house,” Senator John Danforth, Republican of Missouri, lamented on the Senate floor. “Some of us helped generate the trashing. Others of us yielded to it.”

Mr. Biden called Mr. Danforth’s complaint an insult to the Senate.

“I have a higher opinion of the ability of my colleagues to do what’s right than, apparently, the senator from Missouri does,” he said.

Mr. Biden’s approach to the Bork nomination was a legislative and political success, one he experienced as personal redemption after his presidential candidacy crumbled. It brought to maturity the strategic instincts that defined him in subsequent battles — including his contested stewardship of the Thomas hearings — and that shape his candidacy today.

The fate of Mr. Biden’s campaign, and perhaps a future presidency, may hinge on whether that version of leadership, defined by collegiality and adherence to procedure, can inspire Democrats and coax cooperation from Republicans. In the presidential race, there is no Ted Kennedy to sound a trumpet for the left while Mr. Biden plays a methodical inside game. And there are no Republicans to be found in the Senate like Specter, who eventually, at Mr. Biden’s urging, quit the G.O.P. to become a Democrat before his death in 2012.

Still, Mr. Gitenstein said he had encouraged the former vice president to draw public attention to his role in the 1987 court fight. The defeat of Robert Bork averted a solidly conservative majority, handing the court’s decisive seat to the more pliant Anthony M. Kennedy, who became a decisive figure in a generation’s worth of eclectic rulings on subjects from campaign finance and union rights to abortion and the legal definition of marriage.

“I don’t think he or anyone else makes enough of the fact that, but for Biden, Roe would be dead 30 years ago, and, but for Biden, we wouldn’t have the gay marriage decision,” Mr. Gitenstein said. “I’ve talked to him about it. He’s got so much on his platter.”

Mr. DeConcini, who at 82 is a supporter of Mr. Biden’s campaign, said he hoped a strategy of moderation could prevail again.

But he admitted to having doubts.

“I’d like to think so, I really would,” Mr. DeConcini said. “I’m just not sure.”

Congressman King Addresses the Westside Conservative Club (Transcript included. See it for yourself)

Here is the source document for the comments Congressman King recently made regarding his “no exceptions” pro-life position.

View the footage for yourselves to see what King actually said.

Here’s a hint: King’s remarks were not accurately portrayed by the Des Moines Register or The Associated Press. In fact, each entity has subsequently issued corrections for their coverage of King’s speech.

Here is a transcript of King’s remarks that provides accuracy and context left out of much of the media coverage.

“We moved this along to 174 co-sponsors. I had solid promises that we would get a mark-up in Judiciary Committee. I kept getting messages to accept an amendment for exceptions for rape and incest.

“I’ve got 174 people who say they don’t want exceptions for rape and incest because they understand it is not the baby’s fault, to abort the baby, because of the sin of the father, and maybe sometimes the sin of the mother too, and so I refused to do that. I just kept pushing the pressure up. We had the votes in the judiciary committee to peel off every amendment and put that bill on the floor, and pass it on the floor. And put the marker down that exceptions are not going to be part of the dialogue any further because this is about the sanctity of human life.

And so I refused to do that and down to the last couple days of our lame duck session, that order came back out of leadership – ‘no mark-up, no floor action!’ Boom. And so, all right, I held the ground on principle. Maybe we could have gotten that to the floor if I compromised, it wasn’t going to move through the Senate anyway, but we still stand on these principles of life.

Since then, I started to think. We know the reasons why we don’t want the exceptions, for the most of us, for rape and incest – because it is not the baby’s fault. And I started to wonder about this, what if it was OK and what if we went back through all of our family trees and just pulled those people out who were products of rape and incest, would there be any population of the world left if we did that? Considering all of the wars, all of the rape and pillage that has taken place, whatever happened with culture after society, I know I can’t certify that I’m not part of a product of that.

And I would like to think that every one of the lives of us are as precious as any other life, and that is our measure. Human life cannot be measured. It is the measure itself against which all things are weighed. Human life, not a qualifier there, it’s not about whether you are one day after conception or one day after birth or one day before your 100th birthday, all life has equal value according to the law and equal value according to God.”

What Are Conservatives Actually Debating?

What the strange war over “David French-ism” says about the right.

In March the religious journal First Things published a short manifesto, signed by a group of notable conservative writers and academics, titled “Against the Dead Consensus.” The consensus that the manifesto came to bury belonged to conservatism as it existed between the time of William F. Buckley Jr. and the rise of Donald Trump: An ideology that packaged limited government, free markets, a hawkish foreign policy and cultural conservatism together, and that assumed that business interests and religious conservatives and ambitious American-empire builders belonged naturally to the same coalition.

This consensus was never as stable as retrospective political storytelling might suggest; even successful Republican politicians inevitably left many of its factions sorely disappointed, while conservative intellectuals and activists feuded viciously with one another and constantly discerned crises and crackups for their movement. But the crisis revealed or created (depending on your perspective) by our own age of populism seems more severe, the stresses on the different factions more serious, and it is just possible that the longstanding conservative fusion might be as dead as the First Things signatories argued.

Among them was Sohrab Ahmari, the op-ed editor at The New York Post, whose public career embodies some of those shifts and stresses: An immigrant whose family fled the Islamic Republic of Iran, he began his career on the right as an ex-Marxist secular neoconservative at The Wall Street Journal editorial page and has since become a traditionally inclined Catholic (a journey detailed in his striking memoir, “From Fire, By Water”) and also more Trump-friendly and populist into the bargain.

In the last week Ahmari has roiled the conservative intellectual world with a critique of something he calls David French-ism, after David French of National Review, another prominent conservative writer. This controversy, like the debate over Tucker Carlson and capitalism earlier this year, has been a full-employment bill for conservative pundits. But it probably seems impossibly opaque from the outside, since superficially Ahmari and French belong to the same faction on the right — both religious conservatives, both strongly anti-abortion, both deeply engaged in battles over religious liberty (where French is a longtime litigator). Indeed it is somewhat opaque even from the inside, prompting conservatives engaging with the dispute to wonder, “What are we debating?”

I’m going to try to answer that question here. We’ll see how it goes.

Basically the best way to understand the Ahmari-French split is in light of the old fusion, the old consensus, that the First Things manifesto attacked. French is a religious conservative who thinks that the pre-Trump conservative vision still makes sense. He thinks that his Christian faith and his pro-life convictions have a natural home in a basically libertarian coalition, one that wants to limit the federal government’s interventions in the marketplace and expects civil society to flourish once state power is removed. He thinks that believers and nonbelievers, secular liberals and conservative Christians, can coexist under a classical-liberal framework in which disputes are settled by persuasion rather than constant legal skirmishing, or else are left unsettled in a healthy pluralism. He is one of the few remaining conservatives willing to argue that the invasion of Iraq was just and necessary. And he opposes, now as well as yesterday, the bargain that the right struck with Donald Trump.

Ahmari, on the other hand, speaks for cultural conservatives who believe that the old conservative fusion mostly failed their part of the movement — winning victories for tax cutters and business interests while marriage rates declined, birthrates plummeted and religious affiliation waned; and appeasing social conservatives with judges who never actually got around to overturning Roe v. Wade. These conservatives believe that the current version of social liberalism has no interest in truces or pluralism and won’t rest till the last evangelical baker is fined into bankruptcy, the last Catholic hospital or adoption agency is closed by an A.C.L.U. lawsuit. They think that business interests have turned into agents of cultural revolution, making them poor allies for the right, and that the free trade and globalization championed by past Republican presidents has played some role in the dissolution of conservatism’s substrates — the family, the neighborhood, the local civitas. And they have warmed, quickly or slowly, to the politics-is-war style of the current president.

But what, specifically, do these conservatives want, besides a sense of thrill-in-combat that French’s irenic style denies them? I don’t think they are completely certain themselves; in a useful contribution to the Ahmari affair, R.R. Reno, the editor of First Things, describes their animating spirit as a feeling that something else is needed in American society besides just classical-liberal, limited-government commitments, without any certainty about what that something ought to be.

Still, you can see three broad demands at work in their arguments. First, they want social conservatives to exercise more explicit power within the conservative coalition.

This may sound like a strange idea, since, after all, it is social conservatism’s growing political weakness, its cultural retreat, that led the religious right to throw in with a cruel sybarite like Trump. But there’s a plausible argument that even with its broader influence reduced, religious conservatism should still wield more power than it does in Republican politics — that it outsources too much policy thinking to other factions, that it goes along with legislation written for business interests so long as the promised judicial appointments are dangled at the end, and that it generally acts like a junior partner even though it delivers far more votes.