Kavanaugh is the product of a community. He is the product of a conservative legal infrastructure that develops ideas, recruits talent, links rising stars, nurtures genius, molds and launches judicial nominees. It almost doesn’t matter which Republican is president. The conservative legal infrastructure is the entity driving the whole project. It almost doesn’t even matter if Kavanaugh is confirmed or shot down; there are dozens more who can fill the vacancy, just as smart and just as conservative.
This community didn’t just happen; it was self-consciously built. If you want to understand how to permanently change the political landscape, it’s a good idea to study and be inspired how it was done.
Back in the 1970s, the legal establishment was liberal. Yale Law School was the dynamic center of liberal legal thinking. Lawyers who had begun their careers during the New Deal were at the height of their power and prestige. The Ford Foundation funded a series of legal aid organizations to advance liberal causes and to dominate the law schools.
.. Business groups funded a series of conservative public interest law firms. But the business groups had no intellectual heft, they were opportunistic and they had zero moral appeal.
.. First came the critique. In 1980, Michael Horowitz wrote a seminal report for the Sarah Scaife Foundation, explaining why conservatives were impotent in the legal sphere. Horowitz suggested, for example, that conservative legal organizations pick cases in which they represented underdogs against big institutions associated with the left.
.. Then came the intellectual entrepreneurs. Aaron Director of the University of Chicago Law School inspired many of the thinkers — like Ronald Coase and Richard Posner — who would create the law and economics movement.
.. This movement was funded by groups like the John M. Olin Foundation, which was willing to invest for the long term and not worry about “metrics” or “measurable outcomes.”
.. Then came the network entrepreneurs. In 1982, a group of law students including Lee Liberman Otis, David McIntosh and Steven Calabresi founded the Federalist Society, which was fundamentally a debating society.
.. The Federalist Society spread to other law schools and beyond pretty quickly. It turned into a friendship community and a professional network, identifying conservative law students who could be promoted to fill clerkships.
.. the key features of the Federalist Society were the limits it would put on itself. It did not take stands on specific policy issues. It did not sponsor litigation on behalf of favorite causes. It did not rate judicial nominees the way the American Bar Association did.
.. Otis, McIntosh and Calabresi all went to work in the Reagan administration. They are now part of a vast army of conservative legal cadres, several generations deep, working throughout the system or at organizations like the Center for Individual Rights and the Institute for Justice.
.. Trump bucked the conservative foreign policy establishment and the conservative economic establishment, but he’s given the conservative legal establishment more power than ever before, which is why there are so few never-Trumpers in legal circles.
.. The members often break down on libertarian versus conservative lines, or, as we saw in the behind the scenes jockeying recently, between social conservatives (for Amy Coney Barrett) and establishment conservatives (for Brett Kavanaugh).
The conservatives claim to be against outrage culture, but they play the outrage game when it suits them.
They claim double standard when they falsely equate Rosanne Bar with Samantha Bee.
They claim to care about free speech, but are indifferent when the President calls for Samantha Bee to be fired.
(By Ben Shapiro)
Young Americans are moving to the left. On virtually every issue, they support the Democratic party.
.. among likely American voters aged 18-29, fully 65 percent supported Democratic control of Congress. Polls consistently show greater warmth for socialism among millennials than their elders, greater sympathy for regulation, and less interest in protecting core constitutional liberties ranging from freedom of speech to freedom of religion
.. “If you’re not a liberal when you’re 20, you have no heart; if you’re not a conservative by the time you’re 40, you have no brain.” We tell ourselves that as Americans age, get married, have children, and pay taxes, they’ll inevitably move to the right.
.. Older conservatives, clutching the Trump presidency like a security blanket, sound less like steady advocates for calm and more like the man questioned about how things are going just after jumping off the top of the Empire State Building: “So far, so good.”
.. among Generation Xers (born between 1965 and 1980), 29 percent considered themselves liberal in 1994; today, that number has shot up to 43 percent.
..Typically, conservatives combat this sort of broad-based political change by pointing out the extremism of the left. During the Carter era, things certainly looked dark for the GOP, but conservatives were able to point out Carter’s incompetence; after Bill Clinton’s 1992 election victory, Republicans ran against Hillarycare and higher taxes; after Barack Obama’s landslide 2008 election, conservatives made war on Democrats’ overspending and regulatory overreach.
.. Thought leaders like Ta-Nehisi Coates have sought to replace the blue-collar base of Bill Clinton with the intersectional coalition of Barack Obama, using identity politics as a club against Americans who refuse to admit their “white privilege.”
.. Instead of looking at young Americans vs. older Americans, let’s look at young conservatives vs. older conservatives. The data show that young conservatives tend toward libertarianism on issues like drugs and sex but share the same priorities as older conservatives on fiscal and economic issues.
.. It makes sense, then, that liberal social values have resonated with younger Americans. They believe that the case for religious freedom is actually a case for religious bigotry and think that opposition to same-sex marriage reflects a hackneyed version of Old Testament sexual repression. Millennials were raised on the gospel of diversity and tolerance, not the Judeo-Christian moral standards of their grandparents.
.. But the leftward shift on social issues has infused even young religious conservatives. Forty-five percent of millennial evangelicals said they supported same-sex marriage as of 2014; the numbers are undoubtedly higher now
.. Young conservatives in general are far more likely to support gay rights and marijuana decriminalization as well as openness to immigration. But they’re not embracing gay rights and marijuana decriminalization for the same reasons as liberals. Young liberals embrace the LGBTQ agenda because they believe that the strictures of traditional sexual lifestyles are damaging and intolerant; some even embrace marijuana decriminalization because they think that broadening one’s experiences by smoking pot is a necessary precondition to maturity. Young conservatives are far more likely to support same-sex marriage and marijuana decriminalization because they believe that the government should leave everyone alone.
.. Young liberals call for tolerance because they want to promulgate a lifestyle, in other words; young conservatives call for tolerance because they actually believe in tolerance, even of lifestyle choices with which they disagree.
.. Tolerance is a moral touchstone, then, for young Americans on both the left and the right, but for different reasons.
.. All of which suggests young conservatives have a shot at winning over their friends and classmates: They’re operating in the same moral universe as many of their peers.
.. They’re small government, leave-everyone-alone libertarians. Young conservatives may not care about same-sex marriage, but they’re deeply pro-life and pro-gun.
.. They militantly oppose the myth of a racist, sexist America, even as they condemn individual cases of racism and sexism.
.. An incredible 82 percent of Republican and Republican-leaning voters between the ages of 18 and 24 say they “want another Republican to challenge President Trump for the party’s nomination in 2020.”
.. Why don’t young conservatives like Trump? It’s a question that baffles older conservatives. To older conservatives, Trump has been a savior.
.. Yes, he’s rough around the edges and impolitic; he’s crude about women and ignorant about policy. But he’s politically incorrect, and he speaks the language of the average American. What’s not to like?
.. Young conservatives, however, are more likely to see Trump as an obstacle to progress.
.. they see him mainly as a club the left can wield against the right in perpetuity—a political monster living under the bed that Democrats can dredge up every time conservatives seem to be making headway. They cite his egregious response to the Charlottesville alt-right march and subsequent terror attack and his willingness to wink and nod at the alt-right during the campaign; they point to his nasty comments regarding women, as well as his penchant for bedding porn stars; they cringe at his reported comments about immigrants and balk at his nearly endless list of prevarications.
.. Older conservatives judge Trump on his politics; younger conservatives judge Trump on his values.
.. older conservatives already fought the character battle over Bill Clinton, and they carry the scars from that ordeal. They remember arguing that Bill Clinton was unfit for office based on his treatment of women and his perjury, and they remember losing that argument. They remember arguing that character counts, even as Democrats held aloft the banner of “Lion of the Senate” Teddy Kennedy, who left a woman to drown in his car and made waitress sandwiches with fellow Democratic senator Chris Dodd.
.. Older conservatives remember Mitt Romney, the cleanest candidate for high office in modern American history, being destroyed by the media over pure nonsense. Older conservatives weren’t looking for character in 2016. They were looking for a hammer.
.. Younger conservatives, however, still feel that the battle over character is unfolding, which it is—among young Americans. Young Americans are still trying to decipher which party best reflects their moral values. Trump presents a serious problem for young conservatives trying to make the character argument in favor of the Republican party. Young conservatives didn’t see the battle of 2016 as a battle in which character had already lost. They saw it as presenting a question about their own character.
.. Young conservatives want to be able to tell their friends—all future voters, by the way—that they didn’t stand by silently when a candidate of their party said he could grab women by their private parts.
.. Second, older conservatives saw the 2016 election as a cataclysmic event, perhaps, indeed, the end of the republic. Hillary Clinton posed an existential threat to the future of the country.
.. They believed that Hillary, if elected, would usher in a generation-long rule of the hard left.
.. Donald Trump’s victory, in that view, was a miracle of biblical proportions, the hand of God reaching down and plucking a reality TV star out of the realms of cornball theatrics and plopping him into the Oval Office in the biggest upset in political history.
.. Younger conservatives were far more sanguine about 2016. In their view, Hillary would certainly have been a rotten president. But would she bar the door to all future conservative victories? Younger conservatives thought such an outcome unlikely.
After all, Republicans were likely to retain control of the Senate and the House.
Furthermore, Hillary was widely disliked, burdened by scandal, and unpopular even with her own base.
Older conservatives looked at young Americans and saw the end of the country; young conservatives looked at other young Americans and saw the possibility of change.
.. Third, because young conservatives and older conservatives disagreed about the consequences of 2016, they also disagreed about the level of risk to the Republican party.
.. Thanks to the crisis mentality of older Americans, the brand damage done by Trump became of secondary concern;
thanks to the lack of a crisis mentality among younger conservatives, the brand damage done by Trump became a crucial problem.
.. Young conservatives simply couldn’t understand how so many older conservatives were willing to dispose of key planks of the Republican platform to back Trump, or why so many older conservatives who had preached to them about personal values were suddenly gushing over a man who bragged about sleeping with other men’s wives.
.. Young conservatives knew that they were constantly being called racist, sexist, and homophobic by their comrades at school; they had always responded by saying that they and their party were being slandered. And they were right. But here was Trump—a man who, during the election cycle, feigned ignorance about David Duke—providing a custom-made caricature for the use of young liberals.
.. fourth area of controversy between older and younger conservatives regarding Trump: Is Trump an asset in the fight against political correctness?
.. 71 percent of Americans “believe that political correctness has silenced important discussions our society needs to have.”
.. Older conservatives resonate to the verbal brickbats thrown by President Trump. They see him as a bull in a china shop, but he is our bull in their china shop. That’s the reason Trump could so easily escape punishment for political snafus that would have crushed any other conservative. He routinely claimed his own blunderings were the result of his willingness to fight political correctness. “Sure, he says dumb stuff sometimes,” the argument goes, “but he’s also willing to label the New York Times fake news. Nobody else fights like Trump fights!”
.. Young conservatives, by contrast, see Trump’s strategy for fighting political correctness as counterproductive. It’s one thing to attack politically correct viewpoints with data —to “destroy,” in the common YouTube parlance, political opposition through superior intellectual heft. But saying innately offensive things and then justifying those offensive statements under the rubric of political incorrectness actually undermines the battle against political correctness.
.. The left wants to make the case that when conservatives say they’re being politically incorrect, they’re actually covering for their own bigotry; lending that case a helping hand by promoting bigotry under the guise of fighting political correctness does the left’s work for it.
.. conservatives must stop promoting the notion that policy victories translate to political victory. Foolishly hopeful Republican legislators keep repeating the tired nostrum that if they simply pursue solid policy, young Americans will follow—if they pass tax cuts, cut regulation, and build up the military, they’ll stave off the impending generational electoral tsunami.
.. That argument did little to stir older Americans who had been through the political wars; it didn’t upset seasoned politics-watchers who knew that Hillary Clinton was more than a little deplorable herself. But it worked among young Americans, and it will continue to work so long as conservatives’ response is “but Hillary.”
.. So, how should conservatives respond?
They should respond by acting morally and arguing morally.
First, and most pressingly, with regard to President Trump this means condemning bad behavior.
.. Young Americans aren’t judging Trump. They’ve already judged him. They’re judging you and determining whether or not they can ever vote for the same candidates you endorse based on whether or not they admire your character.
.. Second, conservatives must argue in moral terms, and they must use moral terminology young Americans understand. This means learning to argue on secular grounds rather than religious grounds and recognizing that tolerance is a key value to young Americans.
.. Arguing in secular terms doesn’t mean arguing without reference to values. It means arguing against the controlling hand of the left. Capitalism is good because you own your own labor and you have the right to exchange that labor for someone else’s labor and no one has the right to steal your labor from you. Socialism is evil because it says that a third party can tell you what your labor is worth.
.. Political correctness and identity politics are evil because they utilize censorship to box you into a group identity that denies your individuality.
.. Most of all, conservatives can’t lose hope. A crisis mentality breeds poor decisions and short-term thinking that sacrifices long-term interests. We’ve seen discouraging trendlines before. But they can be reversed. In 1976, it would have been difficult to imagine the Reagan Revolution that was just four years away.
Conservatives have always viewed the quest for equality as a zero-sum game.
While John Adams was away at the Second Continental Congress, his wife Abigail was concerned he would forget about her. Not literally, of course, but in the nation’s new code of laws. So she wrote him a letter and advised him to “remember the ladies and be more generous and favorable to them than your ancestors.” She warned, “Do not put such unlimited power in the hands of the husbands.”
For conservatives like Brooks and Sullivan, the quest for equality is a zero-sum game. Incorporating “those who previously had no standing” into the “parameters of public speech” necessitates a removal of freedom from those who were already being heard. A more inclusive society will inevitably water down the influence of their white, male worldview. I understand their unease with this development—up to a point. It’s hard to hear honest critiques of a world that has disproportionately benefitted people like you. It calls into question the legitimacy of your success. This is what Brooks is trying to articulate when he writes:
Identity politics takes individual merit out of the moral center of our system and asserts that group is, Goldberg says, “an immutable category, a permanent tribe.”
Defenders of an unjust status quo know they can’t just say, “Hey, look, society currently suits me super-well, so let’s not change it.” So they portray the enfranchisement of subordinated groups as attacks on individual relationships, too.
Brooks and Sullivan are merely carrying on this conservative conviction, which made an otherwise brilliant founding father fear the “despotism” of free women more than a political system which excluded the majority of its citizens.