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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March 12: Democrats: Don’t Count on Republicans Self-Destructing
Having closely watched congressional developments over the last few weeks, I’ve concluded that one much-discussed Democratic tactic for dealing with Trump 2.0 is probably mistaken, as I explained at New York:
No one is going to rank Mike Johnson among the great arm-twisting Speakers of the House, like Henry Clay, Tom Reed, Sam Rayburn, or even Nancy Pelosi. Indeed, he still resembles Winston Churchill’s description of Clement Atlee as “a modest man with much to be modest about.”
But nonetheless, in the space of two weeks, Johnson has managed to get two huge and highly controversial measures through the closely divided House: a budget resolution that sets the stage for enactment of Donald Trump’s entire legislative agenda in one bill, then an appropriations bill keeping the federal government operating until the end of September while preserving the highly contested power of Trump and his agents to cut and spend wherever they like.
Despite all the talk of divisions between the hard-core fiscal extremists of the House Freedom Caucus and swing-district “moderate” Republicans, Johnson lost just one member — the anti-spending fanatic and lone wolf Thomas Massie of Kentucky — from the ranks of House Republicans on both votes. As a result, he needed not even a whiff of compromise with House Democrats (only one of them, the very Trump-friendly Jared Golden of Maine, voted for one of the measures, the appropriations bill).
Now there are a host of factors that made this impressive achievement possible. The budget-resolution vote was, as Johnson kept pointing out to recalcitrant House Republicans, a blueprint for massive domestic-spending cuts, not the cuts themselves. Its language was general and vague enough to give Republicans plausible deniability. And even more deviously, the appropriations measure was made brief and unspecific in order to give Elon Musk and Russ Vought the maximum leeway to whack spending and personnel to levels far below what the bill provided (J.D. Vance told House Republicans right before the vote that the administration reserved the right to ignore the spending the bill mandated entirely, which pleased the government-hating HFC folk immensely). And most important, on both bills Johnson was able to rely on personal lobbying from key members of the administration, most notably the president himself, who had made it clear any congressional Republican who rebelled might soon be looking down the barrel of a Musk-financed MAGA primary opponent. Without question, much of the credit Johnson is due for pulling off these votes should go to his White House boss, whose wish is his command.
But the lesson Democrats should take from these events is that they cannot just lie in the weeds and expect the congressional GOP to self-destruct owing to its many divisions and rivalries. In a controversial New York Times op-ed last month, Democratic strategist James Carville argued Democrats should “play dead” in order to keep a spotlight on Republican responsibility for the chaos in Washington, D.C., which might soon extend to Congress:
“Let the Republicans push for their tax cuts, their Medicaid cuts, their food stamp cuts. Give them all the rope they need. Then let dysfunction paralyze their House caucus and rupture their tiny majority. Let them reveal themselves as incapable of governing and, at the right moment, start making a coordinated, consistent argument about the need to protect Medicare, Medicaid, worker benefits and middle-class pocketbooks. Let the Republicans crumble, let the American people see it, and wait until they need us to offer our support.”
Now to be clear, Congressional GOP dysfunction could yet break out; House and Senate Republicans have struggled constantly to stay on the same page on budget strategy, the depth of domestic-spending cuts, and the extent of tax cuts. But as the two big votes in the House show, their three superpowers are (1) Trump’s death grip on them all, (2) the willingness of Musk and Vought and Trump himself to take the heat for unpopular policies, and (3) a capacity for lying shamelessly about what they are doing and what it will cost. Yes, ultimately, congressional Republicans will face voters in November 2026. But any fear of these elections is mitigated by the realization that thanks to the landscape of midterm races, probably nothing they can do will save control of the House or forfeit control of the Senate. So Republicans have a lot of incentives to follow Trump in a high-speed smash-and-grab operation that devastates the public sector, awards their billionaire friends with tax cuts, and wherever possible salts the earth to make a revival of good government as difficult as possible. Democrats have few ways to stop this nihilistic locomotive. But they may be fooling themselves if they assume it’s going off the rails without their active involvement.