In the wake of the deal that (at least temporarily) derailed the Nuclear Option on judicial nominations, the most striking thing about the reaction has been the general satisfaction of Democrats and even much of the blogospheric Left, and the glumness of Republicans, along with angry hysterics among the leadership of the Cultural Right. Sure, there’s a heap o’ spinning going on all around, but the fury of guys like Dobson and Bauer appears genuine, and there is a general agreement across the ideological spectrum that the whole incident represents a big body blow to the presidential aspirations of Bill Frist, and perhaps to his future viability as Boss of the Senate.But in terms of unhappiness on the Right, the question remains: whose idea, exactly, was it to make this issue so central to the GOP/Religious Conservative alliance? My general assumption has been that the Nuclear Strategy was forced onto the White House and the Republican Party by a Cultural Right that’s finally demanding results from their partners on an agenda–overturning abortion rights, reversing gay rights advances, and stopping all this church-state separation crap–that depends on reshaping the Supreme Court. But in an interesting essay today, the estimable Mark Schmitt, citing an exceptionally articulate post on the conservative site redstate.org, suggests that maybe it’s the other way around: the Nuclear Option is just another cynical effort by the GOP to get the Cultural Right fully invested in their D.C. power games.So, with apologies to Aretha Franklin, the question is: Who’s zoomin’ who here?Not being privy to the internal councils of the Republican Party or the Cultural Right, I talked to a couple of smart conservatives of my acquaintance, and came away convinced that there is truth to both perspectives. The general strategy of focusing obsessively on judges was forced on the GOP by the Cultural Right. But the specific tactic of the Nuclear Option was developed by legal beagles on the Hill and in the cells of the Federalist Society as a way to placate the Cultural Right without entering into an immediate and explosive national debate on the shape of the Supreme Court, and issues like abortion, gay rights, and church-state separation.Here’s pretty much, I gather, how the thing was put together. Cultural Right leaders, growing angrier for years about the excuses being made by D.C. Republicans for failure to make progress on their agenda, finally started getting fed up after the 2004 elections created the great judicial opportunity of a second Bush term, and the largest GOP majority in the Senate since 1930. Tired of hearing that Republicans couldn’t do anything about the godless judges without 60 votes, they basically said, “Figure something out.” And that’s where the Nuclear Option came in.As fate would have it, the Schiavo fiasco occurred during the run-up to the judicial confrontation, vastly increasing the investment of the Cultural Right in this issue. And then Bill Frist decided this was his ticket to the 2008 Iowa Caucuses.So everybody rolled the dice and then crapped out. And the irony of the incident (unless, as is entirely possible, the Nuclear Option is revived and deployed later this year) is that while this may not have begun as a cynical beltway scam designed to frustrate the foot soldiers of the Right, that may be how it’s being interpreted by said foot soldiers at the moment.After all, some of them must be aware that the segment of Senate Republicans who are relieved about The Deal is not confined to the seven GOPers who formally signed it (dubbed “the Satanic Seven” by some angry talk show callers today, according to water-cooler intel from my semi-omniscient colleague The Moose). Arlen Specter and Trent Lott didn’t sign The Deal, and everybody thinks they were involved in cooking it up. How confident can the Cultural Right be that when push comes to shove in a future Supreme Court nomination fight, the White House can be trusted to send up a sure vote to overturn Roe. v. Wade, or that these slippery Senate Republicans will get that sure vote confirmed, through either conventional or nuclear weapons?In other words, this incident is going to vastly raise the stakes, and the penalty for failure, in future judicial fights, with the whole elaborately constructed, and politically and spiritually hazardous, relationship of the Cultural Right and the GOP hanging in the balance.
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Editor’s Corner
By Ed Kilgore
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January 30: Revocation of Funding Freeze a Promising Sign for Democrats
I was very closely watching the saga of OMB’s disastrous effort to freeze funding for a vast number of federal programs, and wrote about why it was actually revoked at New York.
This week the Trump administration set off chaos nationwide when it temporarily “paused” all federal grants and loans pending a review of which programs comply with Donald Trump’s policy edicts. The order came down in an unexpected memo issued by the Office of Management and Budget on Monday.
Now OMB has rescinded the memo without comment just as suddenly, less than a day after its implementation was halted by a federal judge. Adding to the pervasive confusion, White House Press Secretary Karoline Leavitt immediately insisted on Wednesday that the funding freeze was still on because Trump’s executive orders on DEI and other prohibited policies remained in place. But there’s no way this actually gets implemented without someone, somewhere, identifying exactly what’s being frozen. So for the moment, it’s safe to say the funding freeze is off.
Why did Team Trump back off this particular initiative so quickly? It’s easy to say the administration was responding to D.C. district judge Loren AliKhan’s injunction halting the freeze. But then again, the administration (and particularly OMB director nominee Russell Vought) has been spoiling for a court fight over the constitutionality of the Impoundment Control Act that the proposed freeze so obviously violated. Surely something else was wrong with the freeze, aside from the incredible degree of chaos associated with its rollout, requiring multiple clarifications of which agencies and programs it affected (which may have been a feature rather than a bug to the initiative’s government-hating designers). According to the New York Times, the original OMB memo, despite its unprecedented nature and sweeping scope, wasn’t even vetted by senior White House officials like alleged policy overlord Stephen Miller.
Democrats have been quick to claim that they helped generate a public backlash to the funding freeze that forced the administration to reverse direction, as Punchbowl News explained even before the OMB memo was rescinded:
“A Monday night memo from the Office of Management and Budget ordering a freeze in federal grant and loan programs sent congressional Republicans scrambling and helped Democrats rally behind a clear anti-Trump message. Senate Minority Leader Chuck Schumer blasted Trump as ‘lawless, destructive, cruel.’
“D.C. senator Patty Murray, the top Democrat on the Appropriations Committee, warned that thousands of federal programs could be impacted, including veterans, law enforcement and firefighters, suicide hotlines, military aid to foreign allies, and more …
“During a Senate Democratic Caucus lunch on Tuesday, Schumer urged his colleagues to make the freeze “relatable” to their constituents back home, a clear play for the messaging upper hand. Schumer also plans on doing several local TV interviews today.”
In other words, the funding freeze looks like a clear misstep for an administration and a Republican Party that were walking very tall after the 47th president’s first week in office, giving Democrats a rare perceived “win.” More broadly, it suggests that once the real-life implications of Trump’s agenda (including his assaults on federal spending and the “deep state”) are understood, his public support is going to drop like Wile E. Coyote with an anvil in his paws. If that doesn’t bother Trump or his disruptive sidekick, Elon Musk, it could bother some of the GOP members of Congress expected to implement the legislative elements of the MAGA to-do list for 2025.
It’s far too early, however, to imagine that the chaos machine humming along at 1600 Pennsylvania Avenue will fall silent even for a moment. OMB could very well issue a new funding-freeze memo the minute the injunction stopping the original one expires next week. If that doesn’t happen, there could be new presidential executive orders (like the ones that suspended certain foreign-aid programs and energy subsidies) and, eventually, congressional legislation. Democrats and Trump-skeptical Republicans will need to stay on their toes to keep up with this administration’s schemes and its willingness to shatter norms.
It’s true, nonetheless, that the electorate that lifted Trump to the White House for the second time almost surely wasn’t voting to sharply cut, if not terminate, the host of popular federal programs that appeared to be under the gun when OMB issued its funding freeze memo. Sooner or later the malice and the fiscal math that led to this and other efforts to destroy big areas of domestic governance will become hard to deny and impossible to rescind.