Josh Marshall helpfully pointed us all to a Focus on the Family radio interview of Mark Levin (author of Men in Black: How the Supreme Court is Destroying America, the latest right-wing bestseller) by James Dobson. Talk about a fair and balanced discussion…. it’s like listening to a couple of McCoys covering a Hatfield family reunion.Josh went right to the money quote near the end of the broadcast, when Dobson quotes some nameless minister who compared the white-robed men of the Ku Klux Klan to the black-robed men of the federal bench.And that’s vintage Dobson, who loves phony analogies depicting himself and his fellow extremists as brave souls defending themselves and the human race against totalitarian tyranny. A few years back, in a bout of self-pity about being “persecuted” by gay rights activists, Dobson took to comparing himself to Dietrich Bonhoeffer and other “Confessing Church” victims of Hitler. Now, apparently, he’s a Freedom Rider risking violence from the Klan.Any day now, I expect to see Dobson at some Save Tom DeLay rally leading a horde of lobbyists and cultural warriors, arms linked, in a heart-felt rendition of “We Shall Overcome.” The whole Dobson-Levin conversation is an eye-opener for those, like me, who haven’t quite had the stomach to digest the Latter-Day Right’s view of the U.S. Constitution. Levin is a real piece of work, and it is not good news that his bestselling book may provide hundreds of thousands of readers with their only exposure to constitutional law. Unless I am missing something, he seems to object not only to recent Supreme Court opinions, but to Marbury v. Madison, the landmark case that established the right of judicial review 202 years ago.Levin’s mastered the trick of stringing together every generally acknowledged constitutional abomination since then–Dred Scott, Plessy v. Ferguson, Korematsu v. The United States–and breezily identifying them with Roe v. Wade, which creates a nice litany of “black-robed masters” enabling “slavery, segregation, internment and abortion.” His “solutions”–term limits for federal judges and a congressional veto of Supreme Court decisions–would, of course, require either constitutional amendments or armed revolution, but that doesn’t trouble Levin. At one point, he says “we can’t get our hands on the Supreme Court, but we can get our hands on elected officials.” Nice turn of phrase for a legal beagle, eh? But then again, in addition to being a best-selling author, Levin’s now a radio talk show host.The other really striking thing about the Dobson-Levin “interview” is exactly how far the Souderization of Justice Anthony Kennedy has gone. God, they hate this appointee of Ronald Reagan so much more than the “liberals” on the Court. With his usual stance of posing as a victim of those he is attacking, Dobson says: “Anthony Kennedy scares me;” Levin seems to posit Kennedy as at the center of a “cabal of radical leftists” who are literally taking over the country at the behest of “moral relativists” and one-worlders.This duo’s reasoning is something to behold. Dobson slips effortlessly from yammering about “lifetime appointees to the Court” to blasting Florida Circuit Court Judge George Greer, the Devil Figure in the Right’s view of the Schiavo case. I suspect Dobson knows Greer is an elected judge who won a new six-year term just last year, but hey, can’t cut those judicial murderers any slack, can you?After all, when you’re fighting today’s black-robed Klan, you have to fight fiery cross with fiery cross.
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Editor’s Corner
By Ed Kilgore
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January 16: Towards a 2028 Democratic Primary Calendar
Don’t look now, but it’s already time for the DNC and the states to figure out the 2028 Democratic presidential primary calendar, so I wrote an overview at New York:
The first 2028 presidential primaries are just two years away. And for the first time since 2016, both parties are expected to have serious competition for their nominations. While Vice-President J.D. Vance is likely to enter the cycle as a formidable front-runner for the GOP nod, recent history suggests there will be lots of other candidates. After all, Donald Trump drew 12 challengers in 2024. On the Democratic side, there is no one like Vance (or Hillary Clinton going into 2016 or Joe Biden going into 2020) who is likely to become the solid front-runner from the get-go, though Californians Gavin Newsom and Kamala Harris lead all of the way too early polls.
But 2028 horse-race speculation really starts with the track itself, as the calendar for state contests still isn’t set. What some observers call the presidential-nominating “system” isn’t something the national parties control. In the case of primaries utilizing state-financed election machinery, state laws govern the timing and procedures. Caucuses (still abundant on the Republican side and rarer among Democrats) are usually run by state parties. National parties can vitally influence the calendar via carrots (bonus delegates at the national convention) or sticks (loss of delegates) and try to create “windows” for different kinds of states to hold their nominating contests to space things out and make the initial contests competitive and representative. But it’s sometimes hit or miss.
Until quite recently, the two parties tended to move in sync on such calendar and map decisions. But Democrats have exhibited a lot more interest in ensuring that the “early states” — the ones that kick off the nominating process and often determine the outcome — are representative of the party and the country as a whole and give candidates something like a level playing field. Prior to 2008, both parties agreed to do away with the traditional duopoly, in which the Iowa caucuses and New Hampshire primary came first, by allowing early contests representing other regions (Nevada and South Carolina). And both parties tolerated the consolidation of other states seeking influence into a somewhat later “Super Tuesday” cluster of contests. But in 2024 Democrats tossed Iowa out of the early-state window altogether and placed South Carolina first (widely interpreted as Joe Biden’s thank-you to the Palmetto State for its crucial role in saving his campaign in 2020 after poor performances in other early states), with Nevada and New Hampshire voting the same day soon thereafter. Republicans stuck with the same old calendar with Trump more or less nailing down the nomination after Iowa and New Hampshire.
For 2028, Republicans will likely stand pat while Democrats reshuffle the deck (the 2024 calendar was explicitly a one-time-only proposition). The Democratic National Committee has set a January 16 deadline for states to apply for early-state status. And as the New York Times’ Shane Goldmacher explains, there is uncertainty about the identity of the early states and particularly their order:
“The debate has only just begun. But early whisper campaigns about the weaknesses of the various options already offer a revealing window into some of the party’s racial, regional and rural-urban divides, according to interviews with more than a dozen state party chairs, D.N.C. members and others involved in the selection process.
“Nevada is too far to travel. New Hampshire is too entitled and too white. South Carolina is too Republican. Iowa is also too white — and its time has passed.
“Why not a top battleground? Michigan entered the early window in 2024, but critics see it as too likely to bring attention to the party’s fractures over Israel. North Carolina or Georgia would need Republicans to change their election laws.”
Nevada and New Hampshire have been most aggressive about demanding a spot at the beginning of the calendar, and both will likely remain in the early-state window, representing their regions. The DNC could push South Carolina aside in favor of regional rivals Georgia or North Carolina. Michigan is close to a lock for an early midwestern primary, but its size, cost, and sizable Muslim population (which will press candidates on their attitude towards Israel’s recent conduct) would probably make it a dubious choice to go first. Recently excluded Iowa (already suspect because it’s very white and trending Republican, then bounced decisively after its caucus reporting system melted down in 2020) could stage a “beauty contest” that will attract candidates and media even if it doesn’t award delegates.
Even as the early-state drama unwinds, the rest of the Democratic nomination calendar is morphing as well. As many as 14 states are currently scheduled to hold contests on Super Tuesday, March 7. And a 15th state, New York, may soon join the parade. Before it’s all nailed down (likely just after the 2026 midterms), decisions on the calendar will begin to influence candidate strategies and vice versa. Some western candidates (e.g., Gavin Newsom or Ruben Gallego) could be heavily invested in Nevada, while Black proto-candidates like Kamala Harris, Cory Booker, and Wes Moore might pursue a southern primary. Progressive favorites like AOC or Ro Khanna may have their own favorite launching pads, while self-identified centrists like Josh Shapiro or Pete Buttigieg might have others. Having a home state in the early going is at best a mixed blessing: Losing your home-state primary is a candidate-killer, and winning it doesn’t prove a lot. And it’s also worth remembering that self-financed candidates like J.B. Pritzker may need less of a runway to stage a nationally viable campaign.
So sketching out the tracks for all those 2028 horses, particularly among Democrats, is a bit of a game of three-dimensional chess. We won’t know how well they’ll run here or there until it’s all over.