Today’s retirement announcement by Justice Sandra Day O’Connor, aside from ruining the vacation plans of the people who work for advocacy groups on both sides of the judicial divide, created two immediate political questions. The first is what Bush will do now that he finally has the opportunity to make an appointment that could reshape the Court. I did an extensive post over at TPMCafe predicting he had little choice, and probably even less inclination, to do anything other than give the Cultural Right what it wants: a sure vote to overturn Roe v. Wade. So I won’t recapitulate the whole argument here.But the second question remains open: exactly how much should Democrats, and particularly pro-choice Democrats, invest in trying to stop Bush from doing what he’s probably going to do? More to the point, do Senate Democrats launch a filibuster, risk triggering the “nuclear option,” and pretty much shut down Washington for the rest of the year?Scanning the Left and Center-Left blogosphere today, I was a bit surprised to discover more doubt on this question than I expected.The main reason for debate is the recognition that replacing O’Connor with a Justice determined to reverse Roe would still leave right-to-lifers one vote short, based on the lineup in the last big case where the Court reaffirmed basic abortion rights, Casey v. Planned Parenthood (1992). The confusion on this subject probably flows from a misunderstanding over Justice Kennedy’s dissenting vote in the 2000 Stenberg case, which struck down a state “partial-birth” abortion ban. The decision of leading abortion rights activists to make the “partial-birth” issue a litmus test for qualifying as “pro-choice” led to a lot of commentary after Stenberg that Kennedy had flipped to the dark side. But while Kennedy may support some erosion of Roe on the margins, it’s hard to imagine him contradicting his position in Casey, which flatly accepted abortion rights as a matter of settled precedent.So: the O’Connor replacement is not necessarily a direct threat to abortion rights. But for the same reason, this appointment truly is a crisis point for those who want to overturn Roe. They need to flip the O’Connor vote, maintain Rehnquist’s anti-Roe vote (assuming he’s forced to retire at some point), and then hope John Paul Stevens, who’s 85, will quit before Bush’s second term ends. Otherwise, they’ll have to count on another Republican president to get the job done, and right now, 2008 is hardly looking like a GOP slam dunk.The asymetrical stakes of the two sides on the abortion issue with respect to this particular nomination provides Democrats with several options. They can simply spot Bush a fourth vote to overturn Roe, and focus on the broader constitutional issues particular nominees might pose (this may well be Harry Reid’s strategy in suggesting several anti-abortion Republican Senators that Democrats could accept). They can play rope-a-dope by opposing Bush’s appointment and dragging it out, without resorting to a filibuster. Or they can go to the mattresses.I have no settled opinion at this time about what Democrats should do. But it’s nice for once to have our side enjoying some tactical flexibility, while the all-powerful GOP is lashed to the mast of its alliance with the Cultural Right.
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Editor’s Corner
By Ed Kilgore
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June 17: The False Equivalence of Omar and Greene
After a week of efforts to equate the controversial remarks of two particular members of Congress, I pushed back a bit at New York:
It looks like House Republicans are going to deal with outrage over their perennial problem child Marjorie Taylor Greene by finding a Democrat to punish. That would be Minnesota’s Ilhan Omar, according to Politico’s Huddle:
“’I think that Ilan should receive the same type of punishment as Marjorie because if it’s good for one, it is good for another,’ Rep. Maria Salazar (R-Fla.), who voted to remove Greene from her committees, told me. ‘Anti-semitism is the same thing as anti-semitism. It’s just that Nancy is afraid …'”
There are others who want to push for Omar’s removal as well as those looking to censure her over her war crimes remarks — and a few Dems may join them.
The idea of equating Omar’s complaints about unequal treatment of countries in investigating military misconduct with Greene’s comparisons of mask and vaccine requirements to the Holocaust is deeply satisfying to a lot of people. Republicans can continue their now-ancient habit of waving away extremism in their ranks by claiming it’s more prevalent on the other side of the aisle. Nervous centrist Democrats can document their nervous centrism by firing thunderbolts left and right. And most of all, accusing both parties of harboring those prone to “false equivalence” appeals to the false equivalence many Beltway media folks want to draw between Democrats and Republicans, who are engaged in the mutually assured destruction of partisan polarization.
There’s only one problem: Treating what MTG and Omar have said as equal expressions of false equivalence actually is false, as any honest evaluation of their words quickly shows. Greene bluntly compared COVID-19 precautions to the Holocaust, analogized vaccine documentation mandates to the Nazi practice of making Jews wear yellow stars, and, for good measure, said Democrats are like Nazis because they are “socialists.” Omar said this in the midst of a virtual exchange with Secretary of State Anthony Blinken over investigations of the brief but intense war between Israel and Hamas:
“’We must have the same level of accountability and justice for all victims of crimes against humanity,’ she wrote. “We have seen unthinkable atrocities committed by the U.S., Hamas, Israel, Afghanistan, and the Taliban.’”
Her point wasn’t to say the U.S., Hamas, Israel, Afghanistan, and the Taliban were equally culpable in their commission of atrocities, but that all should be equally subject to international investigation. I suppose there are superpatriots who would dispute the idea that America has ever committed “unthinkable atrocities,” though the victims of the Hiroshima and Nagasaki nuclear attacks, and of countless genocidal assaults on Native Americans, among many examples, suggest otherwise. But in any event, when challenged by Republicans and Democrats alike to make it clear she was not imputing equivalent culpability to these various nations and coalitions of fighters, Omar complied instantly:
“U.S. Rep. Ilhan Omar said Thursday that she was ‘in no way equating terrorist organizations with democratic countries with well-established judicial systems … ‘
“’To be clear: the conversation was about accountability for specific incidents regarding [International Criminal Court] cases, not a moral comparison between Hamas and the Taliban and the U.S. and Israel.’”
MTG, meanwhile, kept doubling down on her comparisons of public-health measures with the slaughter of many millions by Nazi Germany, and finally, after more than three weeks and a tour of the Holocaust Museum, she issued an apology that betrayed little understanding of the full scope of the Holocaust, and then refused to apologize for the Democrat-Nazi analogy.
Looking more broadly at the two women and their records of controversial utterances, Ilhan made an unfortunate and erroneous reference to “the Benjamins,” in a gratuitous comment about support for Israel in the United States, for which she “unequivocally” apologized:
“Anti-semitism is real and I am grateful for Jewish allies and colleagues who are educating me on the painful history of anti-semitic tropes. My intention is never to offend my constituents or Jewish Americans as a whole. We have to always be able to step back and think through criticism, just as I expect people to hear me when others attack my identity. This is why I unequivocally apologize.”
Greene lost her committee assignments earlier this year after media focus on an almost incredible blizzard of incendiary statements she made on social media before coming to Congress (barely anyone even noticed her practice of brandishing an AR-15 when discussing her enemies in campaign ads). In February, she apologized for claiming that school shootings were fake and for promoting QAnon conspiracy theories. She never apologized for happily contemplating violence against congressional Democrats (including, very specifically, Ilhan Omar) and the Speaker of the House, or for her unusually aggressive support of Trump’s electoral big lie and the effort in January to overturn the presidential election results, or for her own subscription to very weird anti-Semitic claims.
If you cannot discern a qualitative difference between Omar’s “outrages” and Greene’s, and between the speed and coherence of their clarifications and apologies, it may be time for some remedial work in logic and rhetoric. These two members of Congress aren’t alike at all, and as much as I sometimes disagree with Ilhan Omar, treating her as a left-wing MTG is lazy and just plain wrong.