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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June 17: Warning: Trump May Not Even Care About Popularity Any More
In thinking about the choices any new presidential administration faces, something occurred to me about Donald Trump that may be worth considering by Democrats trying to cope with him, so I wrote about it at New York:
Having never lacked faith in himself, Donald Trump probably feels completely entitled to his 2024 election win, the governing trifecta it created, and the relatively high levels of popularity (for him, anyway) that made it all possible. But the odds are very high that between the weighty national problems he inherits and the controversial nature of some of the things he wants to do, he’s probably at the summit of his popularity. As Ross Barkan recently argued at New York, there may be nowhere to go but down:
“Now are the days of wine and roses for MAGA because Joe Biden is still president and Trump’s reign remains hypothetical. On January 20, the script flips: The inflation and affordability crises are Trump’s problems. So is governing, which he has never excelled at. While Trump’s second term may promise, in theory, less chaos than his first, there isn’t much evidence that his White House will evince the grim, rapacious discipline of the Bush-Cheney years, when Republicans actually dominated all policymaking at home and abroad.”
Trump does, however, have some control over how much popularity he is willing to lose. Like anyone who becomes president with some political capital and the ready means to use it (i.e., controlling Congress as well as the White House, and having a lot of friends on the U.S. Supreme Court too), the 47th president will have to decide whether to take some risks on policies that are very likely to reduce his popularity or, instead, play to the galleries. To put it even more simply, he can cash in some chips on stuff he wants to do that could offend or even shock some of the people who voted for him or keep building his stash for the future. Given Trump’s almost unlimited control over his troops in Washington, he can probably go in either direction, but that choice of direction could have an enormous impact on those of us who would greatly prefer a less ambitious MAGA agenda.
There are a lot of reasons Trump may not care if he remains popular while fulfilling his presidential goals. This is the final presidential term of a 78-year-old man; for him, the future really is right now. Yes, forcing unpopular measures through Congress might endanger the fragile Republican control of the House in the 2026 midterms. But history indicates it’s very likely Democrats will flip the House no matter what Republicans do, and let’s face it: The long-range future of the Republican Party may not be of great interest to the president-elect. Even after being nominated as its presidential candidate three straight times while gradually grinding down intraparty opposition to a fine dust, Trump still acts suspiciously toward his party’s Establishment and clearly views it as a vehicle rather than a cause. This is more speculative, but given his personality profile the 47th president may even prefer, or at least not mind, a falloff in the GOP’s electoral performance once he’s gone.
Add in Trump’s impulsiveness, which doesn’t suggest someone for whom delay of gratification comes naturally, and it seems a “go big, then be gone” attitude is likely. Beyond that, it’s unclear how sensitive this man is to changes in popularity: He’s never been in an election he didn’t think he’d won, and he has a tendency to ignore the polls that give him news he doesn’t want in favor of the one or two that show support for his agenda and message always remaining sky-high. If he did something that made his popularity crash, would he even notice it, and if not, would any of the sycophants around him break the bad — and possibly fake — news?
All in all, the best bet is that Donald Trump will pursue his maximum agenda with little regard to how anyone feels about it so long as he’s getting it done. Perhaps Republican officeholders (e.g., his vice-president) who have plans beyond 2028 can talk him into more prudent conduct; but in case you haven’t noticed, he’s stubborn, and it will probably take a lot of blatant, in-your-face adversity to change his course. Democrats can supply some of that, of course, but a stronger than usual popular backlash could matter most.