From his Birmingham jail cell, King wrote: “I have almost reached the regrettable conclusion that the Negro’s great stumbling block in his stride toward freedom is not the White Citizen’s Counciler or the Ku Klux Klanner, but the white moderate, who is more devoted to ‘order’ than to justice.” King knew that whites’ insistence on civility usually stymied civil rights.
.. Kennedy, like today’s advocates of civility, was skeptical of “passionate movements.” He criticized “demonstrations, parades and protests which create tensions and threaten violence and threaten lives.” But he also had to put out those fires. He tasked his staff with drafting what could eventually become the landmark Civil Rights Act of 1964. Dialogue was necessary but far from sufficient for passage of civil rights laws. Disruption catalyzed change.
.. That history is a reminder that civility is in the eye of the beholder. And when the beholder wants to maintain an unequal status quo, it’s easy to accuse picketers, protesters and preachers alike of incivility, as much because of their message as their methods. For those upset by disruptive protests, the history of civil rights offers an unsettling reminder that the path to change is seldom polite.
Supreme Court justices are speaking up more because they’re not afraid to be partisan
Many other forms of judicial behavior also changed in the mid-1990s. Starting in 1995, the time that justices spent speaking during oral argument skyrocketed, leaving the advocates with far less of the 60-minute argument to make their cases.
.. The justices as a group have taken an additional 13 minutes of argument after 1995 than before, an increase of 22 percent.
.. What caused these trends?
.. Rather, behavior at the Supreme Court changed in response to a radical increase in political polarization.
.. The 1994 Republican Revolution, led by Rep. Newt Gingrich (Ga.), coincided with a rapid rise in polarization. Ideological distance between the two parties grew, and the number of moderates in Congress plummeted. Norms of bipartisan lawmaking began to erode, and eventually the Republican majority impeached a popular Democratic president.
.. During this period, the justices’ questions to litigants barely increased, but nonquestions — occasions when the justices made statements, rebutted their colleagues and presented arguments — rose precipitously. Since 1995, the justices have made comments almost three times as often as they have asked questions
.. Together, the justices have made more than 100 additional comments per case since 1995. Rather than inviting advocates to explain their positions, the justices are often making the cases themselves.
.. The link with polarization is clear: The justices now disproportionately disrupt the side that they ultimately rule against.
.. The justices generally direct their true questions to the side they support and their comments to the side they oppose. The difference, again, increased massively since 1995.
.. Justices also began more frequently to supply answers through leading questions and to step in with deflection and rebuttal. At oral argument in Dean v. United States last year, after Justice Sonia Sotomayor repeatedly came to the aid of a struggling advocate, he mistook Sotomayor for Justice Elena Kagan. “She’s Justice Sotomayor,” Kagan told him. “She was the one helping you.” It was an unusually frank recognition of what oral arguments have become: a chance for the justices to support their side over the other one.
Macron-Trump, a Friendship That Must Deliver
I hear that they speak all the time. Trump follows Macron’s labor-market reforms and calls to congratulate him. The first state visit of his administration will be Macron’s to Washington next month, a special honor for “a great guy.” The French president is Trump’s best friend in Europe ..
.. Both understood the fact that voters were bored as well as angry, mistrustful of the liberal consensus, angry at globalization’s predations, restive for grandeur, thirsty for the outspoken rather than the dutiful warnings of experts.
.. Both men came from nowhere, mavericks hoisted to the highest offices of their lands by a wave of disgust at politics-as-usual. They are, in their way, accidents of history, thrust to power at the passing of an era. Longing for disruption produced these two disrupters.
.. Macron, who at 40 could be Trump’s son, has honed a grandiose theater of the center, thereby giving centrist politics new vigor at a time of extremist temptation. He’s tough on immigration because he knows his survival depends on it. Trump’s is the theater of the zigzagging bully, nonstop noise often drowning out meaning. For both men, movement and action are essential.
.. Gaullist pomp, shunned by Macron’s predecessor, is back. If that’s what it takes to defeat the racist National Front, bring it on. Macron celebrated his victory last year with an address to the French people at the Louvre, greeted Putin at Versailles
.. “It’s not ‘Make France Great Again’ — except that it is, sort of,” a French friend observed.
The old tea party may be over, but the new one is at peak power
Pompeo’s ascent underscores just how many politicians who came to prominence with the tea party — including Vice President Pence, United Nations Ambassador Nikki Haley and White House budget director Mick Mulvaney — now occupy powerful positions in Trump’s administration. Depending on how far Trump goes to try to remake the GOP in his image, tea party alumni may form the core of a new Republican establishment.
.. The grievances that animated the movement and fed Trump’s presidential candidacy live on. The tea party’s insurgent impulses have fused with his erratic populism to become one of the three contending forces in the Republican Party — the other two being establishment Republicanism and ideological conservatism. Tillerson’s fall is a prime example of how traditional Republicans are becoming yesterday’s men and women in the Trumpified GOP. Tomorrow, will it be the ideological conservatives like House Speaker Paul Ryan?
.. The Washington Post reported that Trump disdained Tillerson, the pro-big-business former ExxonMobil CEO, for being “too establishment” in his thinking, by which the president seems to have meant Tillerson’s prudence (at least in relation to Trump), adherence to traditional diplomatic protocols, and unwillingness to rip up trade agreements and the Iran nuclear deal.Pompeo, on the other hand, first won election to Congress in 2010 as a tea party favorite, in a race where some of his supporters urged Kansans to “Vote American ” to defeat his Indian American opponent... party leaders were uneasily aware that the tea party stood apart from the Republican Party and in some ways defined itself in angry opposition to the GOP establishment. (The divide plagued the speakership of John Boehner and ultimately helped lead to his resignation.).. Republican and Democratic leaders came across to tea party activists as equally uninterested in their worries about immigration, the loss of jobs and industry to global economic competition, and a social agenda of “political correctness” pushed by academia and the media. Trump built his movement by championing these issues both parties seemed to ignore and projecting a willingness to fight to the death rather than surrender... In the long view of history, the tea party was one more episode in a series of right-wing populist revolts that marked the development of the modern conservative movement.
- .. President Dwight Eisenhower, for example, squelchedSen. Joseph McCarthy’s anti-communist crusade, while the conservative intellectual champion
- William F. Buckley Jr. expelled the conspiracy-mongering John Birch Society from the respectable right. At other times, leaders like
- Ronald Reagan brought conservative activists into the mainstream of the GOP without permitting them to engage in intra-party fratricide.
.. When the conservative supporters of Sen. Barry Goldwater of Arizona came together in the early 1960s, for example, they took over many state and local party organizations and threw out anyone they deemed insufficiently committed to the cause.
.. As for Burch, after Goldwater’s massive defeat, he repented and told the RNC that “this party needs two wings, two wings and a center, or I fear it may never fly again.”
.. The grievances of most tea party supporters didn’t fade with time but were inflamed by Trump’s campaign, which strengthened the movement’s tendency to view opponents as illegitimate and un-American, and compromise as treason.
.. Despite the tea party’s provenance as a conservative movement, there was little about past political patterns and practices that it wanted to conserve. Activists hoped not only to “throw the bums out” but also to get rid of anything that passed for the status quo.
.. The affinity of tea party veterans for Trump is based in part on their common interest in disruption. Ryan may soon be in trouble because his authority and his orthodox conservatism have become another establishment to be overthrown