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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January 16: Towards a 2028 Democratic Primary Calendar
Don’t look now, but it’s already time for the DNC and the states to figure out the 2028 Democratic presidential primary calendar, so I wrote an overview at New York:
The first 2028 presidential primaries are just two years away. And for the first time since 2016, both parties are expected to have serious competition for their nominations. While Vice-President J.D. Vance is likely to enter the cycle as a formidable front-runner for the GOP nod, recent history suggests there will be lots of other candidates. After all, Donald Trump drew 12 challengers in 2024. On the Democratic side, there is no one like Vance (or Hillary Clinton going into 2016 or Joe Biden going into 2020) who is likely to become the solid front-runner from the get-go, though Californians Gavin Newsom and Kamala Harris lead all of the way too early polls.
But 2028 horse-race speculation really starts with the track itself, as the calendar for state contests still isn’t set. What some observers call the presidential-nominating “system” isn’t something the national parties control. In the case of primaries utilizing state-financed election machinery, state laws govern the timing and procedures. Caucuses (still abundant on the Republican side and rarer among Democrats) are usually run by state parties. National parties can vitally influence the calendar via carrots (bonus delegates at the national convention) or sticks (loss of delegates) and try to create “windows” for different kinds of states to hold their nominating contests to space things out and make the initial contests competitive and representative. But it’s sometimes hit or miss.
Until quite recently, the two parties tended to move in sync on such calendar and map decisions. But Democrats have exhibited a lot more interest in ensuring that the “early states” — the ones that kick off the nominating process and often determine the outcome — are representative of the party and the country as a whole and give candidates something like a level playing field. Prior to 2008, both parties agreed to do away with the traditional duopoly, in which the Iowa caucuses and New Hampshire primary came first, by allowing early contests representing other regions (Nevada and South Carolina). And both parties tolerated the consolidation of other states seeking influence into a somewhat later “Super Tuesday” cluster of contests. But in 2024 Democrats tossed Iowa out of the early-state window altogether and placed South Carolina first (widely interpreted as Joe Biden’s thank-you to the Palmetto State for its crucial role in saving his campaign in 2020 after poor performances in other early states), with Nevada and New Hampshire voting the same day soon thereafter. Republicans stuck with the same old calendar with Trump more or less nailing down the nomination after Iowa and New Hampshire.
For 2028, Republicans will likely stand pat while Democrats reshuffle the deck (the 2024 calendar was explicitly a one-time-only proposition). The Democratic National Committee has set a January 16 deadline for states to apply for early-state status. And as the New York Times’ Shane Goldmacher explains, there is uncertainty about the identity of the early states and particularly their order:
“The debate has only just begun. But early whisper campaigns about the weaknesses of the various options already offer a revealing window into some of the party’s racial, regional and rural-urban divides, according to interviews with more than a dozen state party chairs, D.N.C. members and others involved in the selection process.
“Nevada is too far to travel. New Hampshire is too entitled and too white. South Carolina is too Republican. Iowa is also too white — and its time has passed.
“Why not a top battleground? Michigan entered the early window in 2024, but critics see it as too likely to bring attention to the party’s fractures over Israel. North Carolina or Georgia would need Republicans to change their election laws.”
Nevada and New Hampshire have been most aggressive about demanding a spot at the beginning of the calendar, and both will likely remain in the early-state window, representing their regions. The DNC could push South Carolina aside in favor of regional rivals Georgia or North Carolina. Michigan is close to a lock for an early midwestern primary, but its size, cost, and sizable Muslim population (which will press candidates on their attitude towards Israel’s recent conduct) would probably make it a dubious choice to go first. Recently excluded Iowa (already suspect because it’s very white and trending Republican, then bounced decisively after its caucus reporting system melted down in 2020) could stage a “beauty contest” that will attract candidates and media even if it doesn’t award delegates.
Even as the early-state drama unwinds, the rest of the Democratic nomination calendar is morphing as well. As many as 14 states are currently scheduled to hold contests on Super Tuesday, March 7. And a 15th state, New York, may soon join the parade. Before it’s all nailed down (likely just after the 2026 midterms), decisions on the calendar will begin to influence candidate strategies and vice versa. Some western candidates (e.g., Gavin Newsom or Ruben Gallego) could be heavily invested in Nevada, while Black proto-candidates like Kamala Harris, Cory Booker, and Wes Moore might pursue a southern primary. Progressive favorites like AOC or Ro Khanna may have their own favorite launching pads, while self-identified centrists like Josh Shapiro or Pete Buttigieg might have others. Having a home state in the early going is at best a mixed blessing: Losing your home-state primary is a candidate-killer, and winning it doesn’t prove a lot. And it’s also worth remembering that self-financed candidates like J.B. Pritzker may need less of a runway to stage a nationally viable campaign.
So sketching out the tracks for all those 2028 horses, particularly among Democrats, is a bit of a game of three-dimensional chess. We won’t know how well they’ll run here or there until it’s all over.