What really jumps out at you upon watching or reading about the Justice Sunday II sermon-o-ganza in Nashville yesterday is the contrast between the carefully process-oriented framing of the event–all about the separation of power, and checks and balances, and maintaining legislative prerogatives, and so on, bark bark, woof woof–and the underlying extremism of what the speakers actually were talking about.Sure, one theme of the event was the hoary pretense that somehow people of faith (or more accurately, of conservative faiths) are being persecuted for speaking their minds on political issues, which is pretty hilarious given the presence of the all-powerful Majority Leader of the House of Representatives, and the event’s object of promoting the judicial appointees of the President of the United States in the Senate controlled by that president’s party. There are a few of us who think the religious leaders participating in Justice Sunday II are dangerously shirking their spiritual duties by committing their flocks to a seamy alliance with Mammon through today’s Republican Party, but I don’t know anybody who denies their First Amendment right to sell their religious birthright for a mess of political pottage.But aside from all the paranoiac (and very un-Christ-like) whining, the big underlying message from Nashville was that reshaping the Supreme Court is necessary to stop the alleged baby-killing, sodomizing, and paganizing that characterizes contemporary America. And there is zero, zero doubt that each and every one of the speakers at Justice Sunday II would completely reverse themselves on every issue related to the Constitution, activist judges, and all the other stuff they blathered about, if the shoe was on the other foot and the judiciary was promoting their own ideology.Suppose, as a thought experiment, that a future Supreme Court embraced the implicit interpretation of the Equal Protection Clause embedded in the Human Life Amendment (still supported in the last Republican platform): that unborn children are endowed with all the rights and privileges of citizenship. Was there a single speaker in Nashville who would not hail such a decision as vindication of a Higher Law that binds all people and all times? I think not.In all their talk about legislative and democratic prereogatives, and the horrific arrogance of unelected judges, the Justice Sunday crowd is painfully reminiscent of the southern segregations who relied for many decades on Supreme Court decisions like Plessy v. Ferguson (the infamous “separate but equal” validation of Jim Crow), and then suddenly re-discovered a populist hostility to the federal judiciary the moment the constitutional winds started blowing in a different direction.It’s true that the Left as well as the Right has flip-flopped on this subject in the course of American history; reducing the power of the judiciary was a staple of the People’s Party and of the Progressive Movement back when judges interpreted the Constitution as prohibiting any and all legislation regulating private property rights.I don’t accuse today’s Cultural Right of a unique political heresy, but I do accuse them of a great and notable streak of dishonesty. They don’t give a damn about any of the constitutional and procedural issues they talked about in Nashville; they care about a particular policy outcome. They want to criminalize abortion, criminalize homosexual behavior, and sanction public displays of particular religious traditions. They will pursue those policies through any means available, and they ought to be pushed to the wall to admit it.
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Editor’s Corner
By Ed Kilgore
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December 18: Democratic Strategies for Coping With a Newly Trumpified Washington
After looking at various Democratic utterances about dealing with Trump 2.0, I wrote up a brief typology for New York:
The reaction among Democrats to Donald Trump’s return to power has been significantly more subdued than what we saw in 2016 after the mogul’s first shocking electoral win. The old-school “resistance” is dead, and it’s not clear what will replace it. But Democratic elected officials are developing new strategies for dealing with the new realities in Washington. Here are five distinct approaches that have emerged, even before Trump’s second administration has begun.
If you can’t beat ’em, (partially) join ’em
Some Democrats are so thoroughly impressed by the current power of the MAGA movement they are choosing to surrender to it in significant respects. The prime example is Senator John Fetterman of Pennsylvania, the onetime fiery populist politician who is now becoming conspicuous in his desire to admit his party’s weaknesses and snuggle up to the new regime. The freshman and one-time ally of Bernie Sanders has been drifting away from the left wing of his party for a good while, particularly via his vocally unconditional backing for Israel during its war in Gaza. But now he’s making news regularly for taking steps in Trump’s direction.
Quite a few Democrats publicly expressed dismay over Joe Biden’s pardon of his son Hunter, but Fetterman distinguished himself by calling for a corresponding pardon for Trump over his hush-money conviction in New York. Similarly, many Democrats have discussed ways to reach out to the voters they have lost to Trump. Fetterman’s approach was to join Trump’s Truth Social platform, which is a fever swamp for the president-elect’s most passionate supporters. Various Democrats are cautiously circling Elon Musk, Trump’s new best friend and potential slayer of the civil-service system and the New Deal–Great Society legacy of federal programs. But Fetterman seems to want to become Musk’s buddy, too, exchanging compliments with him in a sort of weird courtship. Fetterman has also gone out of his way to exhibit openness to support for Trump’s controversial Cabinet nominees even as nearly every other Senate Democrat takes the tack of forcing Republicans to take a stand on people like Pete Hegseth before weighing in themselves.
It’s probably germane to Fetterman’s conduct that he will be up for reelection in 2028, a presidential-election year in a state Trump carried on November 5. Or maybe he’s just burnishing his credentials as the maverick who blew up the Senate dress code.
Join ’em (very selectively) to beat ’em
Other Democrats are being much more selectively friendly to Trump, searching for “common ground” on issues where they believe he will be cross-pressured by his wealthy backers and more conventional Republicans. Like Fetterman, these Democrats — including Senators Bernie Sanders and Elizabeth Warren — tend to come from the progressive wing of the party and have longed chafed at the centrist economic policies advanced by Barack Obama, Hillary Clinton, and, to some extent, Joe Biden and Kamala Harris. They’ve talked about strategically encouraging Trump’s “populist” impulses on such issues as credit-card interest and big-tech regulation, partly as a matter of forcing the new president and his congressional allies to put up or shut up.
So the idea is to push off a discredited Democratic Establishment, at least on economic issues, and either accomplish things for working-class voters in alliance with Trump or prove the hollowness of his “populism.”
Colorado governor Jared Solis has offered a similar strategy of selective cooperation by praising the potential agenda of Trump HHS secretary nominee, Robert F. Kennedy Jr., as helpfully “shaking up” the medical and scientific Establishment.
Aim at the dead center
At the other end of the spectrum, some centrist Democrats are pushing off what they perceive as a discredited progressive ascendancy in the party, especially on culture-war issues and immigration. The most outspoken of them showed up at last week’s annual meeting of the avowedly nonpartisan No Labels organization, which was otherwise dominated by Republicans seeking to demonstrate a bit of independence from the next administration. These include vocal critics of the 2024 Democratic message like House members Jared Golden, Marie Gluesenkamp Perez, Ritchie Torres, and Seth Moulton, along with wannabe 2025 New Jersey gubernatorial candidate Josh Gottheimer (his Virginia counterpart, Abigail Spanberger, wasn’t at the No Labels confab but is similarly positioned ideologically).
From a strategic point of view, these militant centrists appear to envision a 2028 presidential campaign that will take back the voters Biden won in 2020 and Harris lost this year.
Cut a few deals to mitigate the damage
We’re beginning to see the emergence of a faction of Democrats that is willing to cut policy or legislative deals with Team Trump in order to protect some vulnerable constituencies from MAGA wrath. This is particularly visible on the immigration front; some congressional Democrats are talking about cutting a deal to support some of Trump’s agenda in exchange for continued protection from deportation of DREAMers. Politico reports:
“The prize that many Democrats would like to secure is protecting Dreamers — Americans who came with their families to the U.S. at a young age and have since been protected by the Deferred Action for Childhood Arrivals program created by President Barack Obama in 2012.
“Trump himself expressed an openness to ‘do something about the Dreamers’ in a recent ‘Meet the Press’ interview. But he would almost certainly want significant policy concessions in return, including border security measures and changes to asylum law that Democrats have historically resisted.”
On a broader front, the New York Times has found significant support among Democratic governors to selectively cooperate with the new administration’s “mass deportation” plans in exchange for concessions:
“In interviews, 11 Democratic governors, governors-elect and candidates for the office often expressed defiance toward Mr. Trump’s expected immigration crackdown — but were also strikingly willing to highlight areas of potential cooperation.
“Several balanced messages of compassion for struggling migrants with a tough-on-crime tone. They said that they were willing to work with the Trump administration to deport people who had been convicted of serious crimes and that they wanted stricter border control, even as they vowed to defend migrant families and those fleeing violence in their home countries, as well as businesses that rely on immigrant labor.”
Hang tough and aim for a Democratic comeback
While the Democrats planning strategic cooperation with Trump are getting a lot of attention, it’s clear the bulk of elected officials and activists are more quietly waiting for the initial fallout from the new regime to develop while planning ahead for a Democratic comeback. This is particularly true among the House Democratic leadership, which hopes to exploit the extremely narrow Republican majority in the chamber (which will be exacerbated by vacancies for several months until Trump appointees can be replaced in special elections) on must-pass House votes going forward, while looking ahead with a plan to aggressively contest marginal Republican-held seats in the 2026 midterms. Historical precedents indicate very high odds that Democrats can flip the House in 2026, bringing a relatively quick end to any Republican legislative steamrolling on Trump’s behalf and signaling good vibes for 2028.