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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April 25: Democrats Dodge Bullet As Trump Kills Higher Income Tax on the Wealthy
Sometimes dogs that don’t bark are very significant, and I noted one at New York:
Republicans have both an arithmetic and a messaging problem as they try to enact Donald Trump’s second-term agenda via a giant budget-reconciliation bill. The former involves finding a way to pay for the $4 trillion-plus tax cuts Trump has demanded, along with a half-trillion or so in border security and defense spending increases. And the latter flows from the necessity of hammering popular federal programs (especially Medicaid) to avoid boosting budget deficits that are already out of control from the perspective of conservatives. This sets up Democrats nicely to deplore the whole mess as a matter of “cutting Medicaid to pay for tax cuts for Trump’s billionaire friends,” a very effective message that has vulnerable House Republicans worried.
To interrupt this line of attack while making the overall agenda slightly more affordable, anonymous White House sources lofted a trial balloon earlier this month via a Fox News report:
“White House aides are quietly floating a proposal within the House GOP that would raise the tax rate for people making more than $1 million to 40%, two sources familiar with discussions told Fox News Digital, to offset the cost of eliminating taxes on overtime pay, tipped wages, and retirees’ Social Security.
“The sources stressed the discussions were only preliminary, and the plan is one of many being talked about as congressional Republicans work on advancing President Donald Trump’s agenda via the budget reconciliation process.
“Trump and his White House have not yet taken a position on the matter, but the idea is being looked at by his aides and staff on Capitol Hill.”
The idea wasn’t as shocking as it might seem. Trump’s 2017 tax cuts reduced the top income-tax rate from 39.6 percent to 37 percent, so just letting that provision expire would accomplish the near-40 percent rate without disturbing other goodies for rich people in the 2017 bill like corporate-tax cuts, estate-tax cuts, and a relaxed alternative minimum tax for both individuals and corporations. One House Republican, Pennsylvania’s Dan Meuser, suggested resetting the top individual tax rate at 38.6 percent, still a reduction from pre-2017 levels but a “tax increase on the rich” as compared to current policies.
Crafty as this approach might have been as a way of boosting claims that Trump had aligned the GOP with middle-class voters (the intended beneficiaries of his recent tax-cut proposals) rather than the very rich, the idea of backing any tax increase on the allegedly super-productive job creators at the top of the economic pyramid struck many Republicans as the worst imaginable heresy. You could plausibly argue that total opposition to higher taxes, or even to progressive taxes, was the holy grail for the party, more foundational than any other principle and one of the remaining links between pre-Trump and MAGA conservatism. At the very idea of fuzzing up the tax-cut gospel, old GOP warhorses like Newt Gingrich and Americans for Tax Reform’s Grover Norquist arose from their political rest homes to shout: unclean! Gingrich called it the worst potential betrayal of the Cause since George H.W. Bush cut a bipartisan deficit-reduction deal in 1990 that included a tax increase.
As it happens, it was all a mirage. In virtual unison, both Trump and House Speaker Mike Johnson have said a high-end tax cut won’t happen this year, as Politico reports:
“President Donald Trump and House Speaker Mike Johnson on Wednesday came out against a tax hike on the wealthiest Americans — likely putting the nail in the coffin of the idea.
“Trump told reporters in the Oval Office that he thought the idea would be ‘very disruptive’ because it would prompt wealthy people to leave the country. …
“Johnson separately knocked the idea earlier in the day, saying that he is ‘not in favor of raising the tax rates because our party is the group that stands against that traditionally.’”
Trump’s real fear may be that wealthy people would leave the GOP rather than the country. Many are already upset about Trump’s 19th-century protectionist tariff agenda and its effects on the investor class. Subordinating the tax-cut gospel to other MAGA goals might push some of them over the edge. As for Johnson, the Speaker is having to cope with the eternal grumbling of the House Freedom Caucus, where domestic budget cuts are considered a delightful thing in itself and the idea of boosting anyone’s taxes to succor the parasites receiving Medicaid benefits is horrifying.
If Trump’s “big, beautiful” reconciliation bill runs into trouble or if Democrats set the table for a big midterm comeback wielding the “cutting Medicaid to give billionaires a tax break” message, squashing the symbolic gesture of a small boost in federal income-tax rates for the wealthy may be viewed in retrospect as a lost opportunity for the GOP. For the time being, that party’s bond with America’s oligarchs and their would-be imitators stands intact.