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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October 23: Four Fear Factors for Democrats
I figured this was as good a time as any to come clean about reasons Democrats are fretting the 2024 election results despite some quite positive signs for Kamala Harris, so I wrote them up at New York:
One of the most enduring of recent political trends is a sharp partisan divergence in confidence about each party’s electoral future. Democrats are forever “fretting” or even “bed-wetting;” they are in “disarray” and pointing fingers at each other over disasters yet to come. Republicans, reflecting the incessant bravado of their three-time presidential nominee, tend to project total, overwhelming victory in every election, future and sometimes even past. When you say, as Donald Trump often does, that “the only way we lose is if they cheat,” you are expressing the belief that you never ever actually lose.
The contrast between the fretting donkey and the trumpeting elephant is sometimes interpreted as a matter of character. Dating back to the early days of the progressive blogosphere, many activists have claimed that Democrats (particularly centrists) simply lack “spine,” or the remorseless willingness put aside doubts or any other compunctions in order to fight for victory in contests large and small. In this Nietzschean view of politics, as determined by sheer will-to-power (rather than the quality of ideas or the impact of real-world conditions), Democrats are forever bringing a knife to a gun fight or a gun to a nuclear war.
Those of us who are offended by this anti-intellectual view of political competition, much less its implicit suggestion that Democrats become as vicious and demagogic as the opposition often is, have an obligation to offer an alternative explanation for this asymmetric warfare of partisan self-confidence. I won’t offer a general theory dating back to past elections, but in 2024, the most important reasons for inordinate Democratic fear are past painful experience and a disproportionate understanding of the stakes of this election.
Democrats remember 2016 and 2020
It’s very safe to say very few Democrats expected Hillary Clinton to lose to Donald Trump in 2016, or that Joe Biden would come so close to losing to Donald Trump in 2020. No lead in the polls looks safe because in previous elections involving Trump, they weren’t.
To be clear, the national polls weren’t far off in 2016; the problem was that sparse public polling of key states didn’t alert Democrats to the possibility Trump might pull an Electoral College inside straight by winning three states that hadn’t gone Republican in many years (since 1984 in Wisconsin, and since 1988 in Michigan and Pennsylvania). 2020 was just a bad year for pollsters. In both cases, it was Trump who benefitted from polling errors. So of course Democrats don’t view any polling lead as safe. Yes, the pollsters claim they’ve compensated for the problems that affect their accuracy in 2016 and 2020, and it’s even possible they over-compensated, meaning that Harris could do better than expected. But the painful memories remain fresh.
Democrats fear Trump 2.0 more than Republicans fear Harris
If you believe the maximum Trump ‘24 message about Kamala Harris’s intentions as president, it’s a scary prospect: she’s a Marxist (or Communist) who wants to replace white American citizens with the scum of the earth, which her administration is eagerly inviting across open borders with government benefits to illegally vote Democratic. It’s true that polls show a hard kernel — perhaps close to half — of self-identified Republicans believe some version of the Great Replacement Theory that has migrated from the right-wing fringes to the heart of the Trump campaign’s messaging, and that’s terrifying since there’s no evidence whatsoever for it. But best we can tell, the Trump voting base is a more-or-less equally divided coalition of people who actually believe some if not all of what their candidate says about the consequences of defeat, and people who just think Trump offers better economic and tougher immigration policies. While the election may be an existential crisis for Trump himself, since his own personal liberty could depend on the outcome, there’s not much evidence that all-or-nothing attitude is shared beyond the MAGA core of his coalition.
By contrast, Democrats don’t have to exercise a lurid sense of imagination to feel fear about Trump 2.0. They have Trump 1.0 as a precedent, with the added consideration that the disorganization and poor planning that curbed many of the 45th president’s authoritarian tendencies will almost certainly be reduced in 2025. Then there’s the escalation in his extremist rhetoric. In 2016 he promised a Muslim travel ban and a southern border wall. Now he’s talking about mass deportation program for undocumented immigrants and overt ideological vetting of legal immigrants. In 2016 he inveighed against the “deep state” and accused Democrats of actively working against the interests of the country. Now he’s pledging to carry out a virtual suspension of civil service protections and promising to unleash the machinery of law enforcement on his political enemies, including the press. As the furor over Project 2025 suggests, there’s a general sense that the scarier elements in Trump’s circle of advisors are planning to hit the ground running with radical changes in policies and personnel that can’t be reversed.
Only one party is threatening to challenge the election results
An important psychological factor feeding Democratic fears of a close election is the unavoidable fact that Trump has virtually promised to repeat or even surpass his 2020 effort to overturn the results if he loses. So anything other than a landslide victory for Harris will be fragile and potentially reversible. This is a deeply demoralizing prospect. It’s one thing to keep people focused on maximum engagement with politics through November 5. It’s another thing altogether to plan for a long frantic slog that won’t be completed until January 20.
Trump has been working hard to perfect the flaws in his 2020 post-election campaign that led to the failed January 6 insurrection, devoting a lot of resources to pre-election litigation and the compilation of post-election fraud allegations.
Though if you look hard you can find scattered examples of Democrats talking about denying a victorious Trump re-inauguration on January 20, none of that chatter is coming from the Democratic Party, the Harris-Walz campaign, or a critical mass of the many, many players who would be necessary to challenge an election defeat. Election denial in 2024 is strictly a Republican show.
If Harris wins, she’ll oversee a divided government; if Trump wins, he’ll have a shot at total power
As my colleague Jonathan Chait recently explained, the odds of Republicans winning control of the Senate in November are extremely high. That means that barring a political miracle, a President Harris would be constrained both legislatively and administratively, in terms of the vast number of executive-branch and judicial appointments the Senate has the power to confirm, reject, or simply ignore.
If Trump wins, however, he will have a better-than-even chance at a governing trifecta. This would not only open up the floodgates for extremist appointments aimed at remaking the federal government and adding to the Trumpification of the judiciary, but would unlock the budget reconciliation process whereby the trifecta party can make massive policy changes on up-or-down party-line votes without having to worry about a Senate filibuster.
Overall, Democrats have more reason to fear this election, and putting on some fake bravado and braying like MAGA folk won’t change the underlying reasons for that fear. The only thing that can is a second Trump defeat which sticks.