And Republicans expect — and want — liberals to be so freaked out by thisthat they oppose her in a manner that can be branded anti-religious. They’re setting her up to be a Christian martyr, minus the grisly end, and daring Democrats to take the bait.
.. Aaron Blake sagely sized up the appeal of this dynamic to Trump, writing that it’s “exactly the kind of battle he generally relishes: One that invites his opponents to overreach.” My Times colleague Ross Douthat tweeted that if Trump wants to “trigger the libs,” he’ll nominate Barrett. Douthat further predicted that her nomination “might bring on the culture-war apocalypse.”
.. She’s the most tactically fascinating of the front-runners in several ways. At 46, she’s the youngest, so her time on the court could easily cover four decades. She’s a longtime resident of Indiana, which happens to be home to Joe Donnelly, one of three Democratic senators whose votes are most clearly in play when it comes to confirming Trump’s nominee.
.. She’d be the only justice on the Supreme Court without the imprimatur of the Ivy League, and there’s little whiff of the coastal elites about her. She did her undergraduate work at Rhodes College in Tennessee and then attended law school at Notre Dame
.. her own time on the bench is limited to her eight months on that court.
.. her promoters revel openly in the idea of Roe v. Wade being overturned after the addition of another woman to a Supreme Court that would then have an almost even gender balance of four women and five men.
.. her Senate confirmation hearings after her nomination for the circuit court made her a hero to conservatives, especially religious ones. They took issue in particular with questions that Senator Dianne Feinstein
.. “The dogma lives loudly within you,” Feinstein said
This is the fight of our lives. Here’s how we win it.
Senators such as Donnelly, Heitkamp and Manchin need to argue to those who are ambivalent about abortion, or even against it, that right-wing judges would sanction a plutocratic government with little capacity to defend their interests.
.. “The Supreme Court, in case after case, is freely imposing its own view of sound public policy — not constitutional law, but public policy,” Biden told me at the time. “What is at issue here is a question of power, whether power will be exercised by an insulated judiciary or by the elected representatives of the people.”
.. Biden acknowledged that the phrase “judicial activism” has “often been used by conservatives to criticize liberal judges.” But “the shoe is plainly on the other foot: It is now conservative judges who are supplanting the judgment of the people’s representatives and substituting their own.”
“The existing Court’s assault on voting rights, collective bargaining and religious liberty is awful enough — just imagine how bad working people will have it if another right-wing justice joins the Court.” He warned of the court “taking a vicious, anti-worker, anti-women, anti-LGBT, anti-civil rights turn.”
.. The future of abortion rights is central to the coming battle. But so are civil rights, corporate power and our democratic capacity to correct social injustices. Conservatives should not be allowed to distract attention from the aspects of their agenda that would horrify even many who voted for Donald Trump.
Kennedy Retires — It’s On!
Whoever accepts President Trump’s call for the nomination will be one of the bravest men or women in public life, because he or she is going to be attacked with unrelenting fury from the Left.
.. For a lot of white evangelicals, this moment was worth every migrant child forever traumatized, every refugee family denied safety, every sexual assault victim betrayed, every white nationalist emboldened, every lie told. These are the ends that justified the means.
.. Bears repeating: Had Clinton won, she’d likely have replaced Scalia, Kennedy, and eventually Ginsburg (85) and Breyer (79). -That’d make six relatively young liberal justices and a lasting majority. -Now, it’ll be five conservatives, all 70 and under.
.. (Chuck Schumer quite understandably called on McConnell to follow the same policy he did to deny Merrick Garland a hearing in an election year. McConnell, a hardballer if ever there was one, quite understandably didn’t take this seriously.)
.. If Trump is re-elected in 2020, and he still has a Republican Senate, there is a decent chance that he could leave office with a 7-2 conservative majority.
.. First, the hearings could well be a catalyst for real violence
.. Let’s revisit this January piece from National Review’s Michael Brendan Dougherty:
I’ve started to think that Supreme Court Justice Anthony Kennedy may be the one man preventing the United States from political breakdown.
.. both sides have reason to pity themselves as the losers of the [political] system. Partisan Democrats, with some justification, feel that the constitutional system favors dirt (geography), so it rewards Republicans with too many senators and even electoral votes than they would otherwise win. Many partisan Republicans also feel that their votes go for naught, and that elites in the media, donor class, and social scene of Washington, D.C., constantly make Republicans under-deliver on their promises.
.. Kennedy deals out victories and defeats to each side — giving slightly more defeats to social conservatives. In effect, he constrains what each side can do to the other. His mercurial jurisprudence replicates and even gives the savor of legitimacy to a closely divided country.
.. So I’ve started to worry that if the Court soon consolidates to the left or the right, partisans on the losing end of that bargain will swiftly lose faith in democracy itself. A non-swinging Supreme Court would give the impression of super-charging the ability of one party to act, and restraining its competitor. A consolidated Supreme Court could open up whole new fields of legislation for one side to act against the other. At that point, what would happen?
.. Overturning Roe would only mean that regulating abortion returns to the states. If you live in a socially liberal state now, you don’t have anything to worry about. That’s not going to make you happy, but it’s not Armageddon. And there is no realistic chance that Obergefell will be overturned. But even if it were, again, that only means that the gay marriage question devolves to the states. Gay marriage is overwhelmingly popular. There might be a handful of Southern states (plus Utah) that might vote against it, in a popular referendum. But even they would fall eventually. Same-sex marriage isn’t an issue for younger voters, who support it by a wide margin.
.. Kennedy retiring is where the Roy Moore own goal really, really hurts. We now only have 51 votes, but two of those are Murkowski and Susan Collins, who will likely be reluctant to support a 5th pro-life justice. Mitch will have to put the screws on to get to 50.
.. However, had Hillary Clinton won, conservatives would be in the same miserable position today as liberals are.
It is not at all healthy for the republic that the Supreme Court matters so much. But we are where we are.
This Is the World Mitch McConnell Gave Us
it is, essentially, a kind of shrine to the political career of Mr. McConnell, not unlike the exhibits on Babe Ruth or Hank Aaron you’d find at the Baseball Hall of Fame.
.. it memorializes a politician who shows no sign of leaving the stage any time soon.
.. What’s most unusual, though, is what it chooses to highlight. There are a few artifacts from Mr. McConnell’s youth — his baseball glove, his honorary fraternity paddle — but most of the exhibits are devoted to the elections Mr. McConnell won, starting with high school and on up through Jefferson County executive and the Senate.
.. When I visited the room while researching my 2014 biography on Mr. McConnell, I was struck by what was missing: exhibits on actual governing accomplishments from the Senate majority leader’s four decades in elected office.
That absence confirmed my thesis that Mr. McConnell, far more even than other politicians, was motivated by the game of politics — winning elections and rising in the leadership ranks, achieving power for power’s sake — more than by any lasting policy goals.
.. it is becoming increasingly clear that Mitch McConnell is creating a legacy for himself, and it’s a mighty grand one.
.. Mr. McConnell has created the world in which we are now living. Donald Trump dominates our universe — and now has the power to fill the second Supreme Court seat in two years. Mitch McConnell, who has promised a vote on whomever the president nominates “this fall,” is the figure who was quietly making it all possible
.. First, there was Mr. McConnell’s vigorous defense, going back to the early 1990s, of the role of big money in American politics
.. helping shape the conditions for his appeal.
.. he was well aware that he, as someone lacking in natural campaign talents, and the rest of the Republican Party, as more business-oriented than the Democrats, would need to maintain the flow of large contributions to be able to win elections. “I will always be well financed, and I’ll be well financed early,” he declared after winning his first race for county executive, in 1977.
.. culminated in the Supreme Court’s 2010 Citizens United ruling eliminating limits on corporate spending on elections, which Mr. McConnell followed up by blocking legislation to disclose the identity of large donors.
.. the spread of big money in politics had done so much to sour the public on government, creating a ripe target for the Tea Party and, later, for a billionaire populist running against “the swamp.”
.. laid the groundwork for the right-wing insurgency of 2009 and 2010
.. his decision to withhold Republican support for any major Democratic initiatives in the Obama years. This meant that Republicans had less influence on the final shape of legislation such as the Affordable Care Act than they would have had as fully willing negotiators.
.. fueled the rise of the Tea Party, which was motivated substantially by the notion that Mr. Obama was “ramming things down our throats”.. his refusal to hold a confirmation hearing, let alone a vote on Merrick Garland, Mr. Obama’s nominee to replace Antonin Scalia on the Supreme Court, despite the fact that the nomination was made a full 10 months before the end of Mr. Obama’s term. This refusal exploded norms and dismayed Beltway arbiters who had long accepted Mr. McConnell’s claim to be a guardian of Washington institutions. It also provided crucial motivation to Republicans who had grave qualms about Mr. Trump but were able to justify voting for him as “saving Scalia’s seat.”.. Mr. Obama had been prepared that September to go public with a C.I.A. assessment laying bare the extent of Russian intervention in the election. But he was largely dissuaded by a threat from Mr. McConnell... During a secret briefing for congressional leaders, The Post reported, Mr. McConnell “raised doubts about the underlying intelligence and made clear to the administration that he would consider any effort by the White House to challenge the Russians publicly an act of partisan politics.”.. Mr. McConnell’s doing away last year with the 60-vote requirement for Senate confirmation, to get Neil Gorsuch seated.. In the 1970s, when he ran for county executive in Louisville, he secured the pivotal endorsement of the A.F.L.-C.I.O. by pledging to back collective bargaining for public employees (a promise that went unfulfilled), and while in office he worked effectively behind the scenes to protect abortion rights locally... Mr. McConnell saw the rightward swing of the Reagan revolution and decided to hop on board for his own political preservation as a Southern Republican. These days, Mr. McConnell has made explicit, with taunting tweets among other things, that he views long-term conservative control of the Supreme Court as his crowning achievement... Holding a long-term majority on the court greatly aids his highest cause — Republican victories in future elections — as recent rulings on voting rights and gerrymandering demonstrated once again.Whether Mr. McConnell decides to add an exhibit in the Civic Education Gallery documenting his role in the rise of Donald Trump is another matter. The final historical judgment on that score will not rest with him, in any case.