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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November 22: RFK Jr. May Be Denied Confirmation for Being Formerly Pro-Choice
There are no actual Democrats in Trump’s Cabinet so far, but he’s hoping to appoint an ex-Democrat to run HHS. As I noted at New York, RFK Jr. is in trouble for not abandoning abortion rights far or fast enough.
Donald Trump’s shocking nomination of Robert F. Kennedy Jr. to head up the vast Department of Health and Human Services led to a lot of concerns about his suitability and ideological compatibility with the MAGA folk that would surround him at the Cabinet table. Kennedy’s reflexive hostility to vaccines puts him at odds with many Republicans. His complaints about Big Pharma, agribusiness giants, and use of pesticides by farmers have earned him some enemies who are very influential in the Republican Party. And his denunciation of processed foods as child-killing evils has to personally annoy the Big Mac aficionado of Mar-a-Lago.
But even if none of those longtime controversies surrounding the former Democrat make him radioactive among the Senate Republicans who would have to confirm him for HHS, he’s also in considerable trouble with one of the GOP’s oldest and most important allies: the anti-abortion movement. Suspicion of him in that quarter is natural, since Kennedy for many years maintained a standard Democratic position favoring abortion rights, though it was never an issue that preoccupied him. Then, as a presidential candidate who drifted out of the Democratic primaries into an independent bid, he was all over the place on abortion. He made remarks that ranged from unconditional support for the right to choose even after fetal viability to support for a three-month national ban to various points in between.
At a minimum, anti-abortion activists would like to pin him to an acceptable position, but they also seem inclined to secure concessions from him in exchange for declining to go medieval on his confirmation, as Politico explains:
“Abortion opponents — concerned about Kennedy’s past comments supporting abortion access — have two major asks: that he appoint an anti-abortion stalwart to a senior position in HHS and that he promise privately to them and publicly during his confirmation hearing to restore anti-abortion policies from the first Trump administration, according to four anti-abortion advocates granted anonymity to discuss private conversations. And Kennedy, according to a fifth person close to the Trump transition, is open to their entreaties.”
He’d better be. Despite Trump’s abandonment of the maximum anti-abortion stance during his 2024 campaign, the forced-birth lobby remained firmly in his camp and has maintained even more influence among Republican officeholders who haven’t “pivoted” from the 45th president’s hard-core position to the 47th president’s current contention that abortion policy is up to the states. Indeed, you could make the argument that it’s even more important than ever to anti-abortion activists that Trump be surrounded by zealots in order to squeeze as many congenial actions as possible out of his administration and the Republicans who will control Congress come January. And there’s plenty HHS can do to make life miserable for those needing abortion services, Politico notes:
“At a minimum, anti-abortion groups want to see the Trump administration rescind the policies Biden implemented that expanded abortion access, such as the update to HIPAA privacy rules to cover abortions, as well as FDA rules making abortion pills available by mail and at retail pharmacies. … The advocates are also demanding the return of several Trump-era abortion rules, including the so-called Mexico City policy that blocked federal funding for international non-governmental organizations that provide or offer counseling on abortions, anti-abortion restrictions on federal family-planning clinics and a federal ban on discriminating against health care entities that refuse to cover abortion services or refer patients for the procedure when taxpayer dollars are involved.”
Anti-abortion folk could overplay their bullying of Kennedy and annoy the new administration: The Trump transition team has already vetoed one of the Cause’s all-time favorites, Roger Severino, for HHS deputy secretary, though it may have been as much about his identification with the toxic Project 2025 as his extremist background on abortion policy. It probably doesn’t help that objections to Kennedy for being squishy on abortion were first aired by former vice-president Mike Pence, who has about as much influence with Trump 2.0 as the former president’s former fixer Michael Cohen.
As for Kennedy, odds are he will say and do whatever it takes to get confirmed; he’s already had to repudiate past comments about Trump’s authoritarian tendencies, including a comparison of his new master to Adolf Hitler (a surprisingly common problem in MAGA land). Having come a very long way from his quixotic challenge to Joe Biden in 2023, Kennedy really wants to take his various crusades into the new administration, at least until Trump inevitably gets tired of hearing complaints from donors about him and sends him back to the fever swamps.