The conservative movement transforming America’s courts

Conservatives are winning the battle for America’s courts, a triumph decades in the making. At the center of the movement is Leonard Leo, executive vice president of the Federalist Society, who has helped raise hundreds of millions of dollars for nonprofit groups that work behind the scenes to promote conservative judges and causes. Now a private judicial adviser to President Trump, Leo has extraordinary influence over who sits on the country’s highest courts. “We’re going to have great judges, conservative, all picked by the Federalist Society,” Trump told Breitbart News in June 2016. Neil Gorsuch and Brett Kavanaugh were chosen by Trump from a list provided by Leo. They took their place on the Supreme Court alongside justices Clarence Thomas, John Roberts, and Samuel Alito, all current or former members of the Federalist Society. Most of President Trump’s circuit court nominees (who will handle thousands of cases each year) are also connected to the group. How did Leo’s network become so vast and his influence so far-reaching? This Washington Post documentary follows the story of the ideologues, activists and undisclosed donors who made it happen. Read more: https://wapo.st/2JVIkV4. Subscribe to The Washington Post on YouTube: https://wapo.st/2QOdcqK

Neuroscientist: Why Trumpists Will Never Abandon Trump

–Bobby Azarian, cognitive neuroscientist and blogger for Psychology Today, joins David to discuss how Donald trump continues to hold on to his base’s support

 

 

reason that this is relates to the
unwavering support so this effect is is
amplified in conservatives because
conservatives have this hypersensitivity
to threat generally speaking so by that
I mean they tend to focus on threat more
and they tend to have this exaggerated
fear response to threatening messages so
we know this from a number of different
studies for example one study took
sir motives and liberals and had them
sit in front of a computer screen where
they showed a bunch of different images
some of the images were threatening
somewhere neutrals some are positive and
they track their eye movements and what
they found is that conservatives fixated
on the threatening images longer and
they oriented toward the threatening
images more quickly then liberals so
yeah we call that being hyper-vigilant
for threat and a couple other studies
showed that conservatives tend to have a
larger amygdala and a more reactive
amygdala in response to threat yes oh
the amygdala is a brain structure that
is involved in processing threat and
it’s also associated with the fear
response
so when Donald Trump is saying these
scary messages their brains are engaged
even more strongly his messages are more
salient because they’re in a way tuned
into threat and I’m not really trying to
pick on conservatives here that’s what
the studies show also you know someone
could interpret that differently and you
could see it as Republicans or
conservatives might also be better
equipped to respond to a threat in the
case that you know something does happen
because they’re they’re hyper vigilant
absolutely fascinating stuff we’ve been
speaking with cognitive neuroscientist
Bobby Azarian who also blogs for
Psychology Today you can follow him on
twitter at bobby Azarian and check out

Why Republicans Stick With Trump

It’s all the things he hasn’t done. On key issues, the president has come around to conservative positions.

it’s instructive to examine what Mr. Trump hasn’t done. Since the campaign, Mr. Trump has abandoned many of his previous positions and embraced traditional conservative views.

Spending and taxes. During the election, Mr. Trump promised a $1 trillion infrastructure plan. Some Republicans feared his first initiative on taking office would be a pork-laden spending package reminiscent of Barack Obama’s stimulus bill. They also worried he would cut a deal with Democrats to raise taxes. “I am willing to pay more,” Mr. Trump said in May 2016. “And do you know what? The wealthy are willing to pay more.” Instead, the reverse happened: There’s no infrastructure plan in sight, except for the border wall, and Mr. Trump signed a sweeping bill to reduce personal and corporate taxes.

• Court nominees. In 2015 candidate Trump said his sister, a liberal federal judge, would be a “phenomenal” Supreme Court justice, though he claimed he had been joking. After Justice Antonin Scalia died, Mr. Trump decided to release a list of potential replacements. This was a central reason many conservatives voted for him. In appointing Justice Neil Gorsuch, President Trump made good on his promise. Since then, constitutionalists have cheered the quality and sheer quantity of his appointments to all levels of the judiciary.

• Abortion. In a successful effort to win the Iowa caucuses, Sen. Ted Cruz attacked Mr. Trump’s “New York values.” A Cruz TV ad showed Mr. Trump years earlier calling himself “pro-choice in every respect.” Yet President Trump has reinstated Reagan’s “Mexico City policy,” which prohibits federal funds from going to international groups that provide or promote abortions. Mr. Trump is also moving to require a hard division between abortion providers and clinics that take federal Title X funds, which would be a significant hit to Planned Parenthood.

• Israel. In February 2016, Mr. Trump claimed he would not take sides between Israel and the Palestinians, saying he would be “sort of a neutral guy.” Sen. Marco Rubio labeled this “an anti-Israel position.” Yet in December 2016, when the United Nations considered a resolution calling for an end to Israeli settlements, including in East Jerusalem, Mr. Trump said it was “extremely unfair to all Israelis” and pressed the Obama administration to veto it. Then this year Mr. Trump made good on his promise to recognize Jerusalem as Israel’s capital and move the U.S. Embassy there. Time and again, he has proved to be a reliable ally for Israel.

• Guns. In a 2000 book, Mr. Trump wrote: “I support the ban on assault weapons and I support a slightly longer waiting period to purchase a gun.” After the school shooting in Parkland, Fla., earlier this year, President Trump did briefly suggest expanding background checks and raising the age limit to buy certain guns. But he quickly reverted to strong Second Amendment rhetoric, while saying that massacres could be prevented by fixing mental-health services and arming teachers.

 Health care. In 2015, candidate Trump told “60 Minutes” that his plan would provide universal health coverage paid for by the government. “I am going to take care of everybody,” he said. Campaigning in New Hampshire a few months later, he said Medicare could save an unrealistic $300 billion if the government negotiated with drug companies to lower prices. But as president, Mr. Trump has pursued more-conventional Republican policies, such as adding work requirements to Medicaid, expanding short-term insurance plans, and broadening association health plans.

• Defense. In a 2013 interview, Mr. Trump seemingly supported the sequestration cuts to defense spending—only complaining that, as “a very small percentage of the cuts that should be made,” sequestration wasn’t big enough. In 2015 he suggested, unworkably, that by eliminating waste he could strengthen the military while still reducing spending. Yet in his first address to Congress as president, he proposed a 10% increase to the Pentagon’s budget, which he later called “historic.”

It isn’t unusual for a politician to change positions. Unsurprisingly, voters tend to be more forgiving of flip-flops when they agree with the final result. This explains why Mr. Trump is forgiven for abandoning Republican orthodoxy on free trade and entitlement reform: those convictions were always held more by donors than voters. The same is true of support for “comprehensive immigration reform.” If he were to cross his party on issues like taxes, abortion or guns, it would be quite another story. But in the meantime, begging Republicans to ditch Mr. Trump is a waste of time.

 

 

It Took a Village to Raise Kavanaugh

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).

 

Jon Stewart Perfectly Describes the Right’s Fake Outrage Game

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.

How Conservatives Can Win Back Young Americans

(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.

Not anymore.

.. 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.