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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April 18: Democrats Can Talk Tariffs and Foreign Dungeons At the Same Time
There’s a mini-debate among Democrats at the moment over the propriety of fighting against the deportation and imprisonment of Kilmar Abrego Garcia when other issues beckon, and I made my own thoughts known at New York:
As the story of the abduction, deportation, and detention of Kilmar Abrego Garcia plays out in El Salvador and U.S. federal courts, the politics of the situation are roiling many waters. For the most part, Republicans are following President Trump’s lead in wallowing in the misery of Abrego Garcia and other deportees; exploiting unrelated “angel moms” and other symbols of random undocumented-immigrant crimes; and blasting Democrats for their misplaced sympathy for the “wrong people.” Even as Team Trump risks a constitutional crisis by evading judicial orders to grant due process to the people ICE is snatching off the streets, it seems confident that public backing for the administration’s mass-deportation program and “border security” initiatives generally will make this a winning issue for the GOP.
For their part, Democrats aren’t as united politically on the salience of this dispute, even though virtually all of them object in principle to Trump’s lawless conduct. Most notably, California governor and likely 2028 presidential contender Gavin Newsom warned against dwelling on it, as The Bulwark reported:
“Asked to comment on the ongoing standoff between Trump, El Salvador, and the U.S. judicial system, Newsom scoffed. ‘You know, this is the distraction of the day,’ he said. ‘This is the debate they want. This is their 80-20 issue, as they’ve described it …’
“’Those that believe in the rule of law are defending it. But it’s a tough case, because people are really — are they defending MS-13? Are they defending, you know, someone who’s out of sight, out of mind in El Salvador? … It’s exactly the debate [Republicans] want, because they don’t want this debate on the tariffs. They don’t want to be accountable to markets today … They want to have this conversation. Don’t get distracted by distractions. We’re all perfect sheep.’”
Newsom is reflecting an ancient Democratic “populist” prejudice against non-economic messaging, which was revived by the 2024 presidential election, in which warnings about the threat to democracy and to the rule of law posed by Trump were widely adjudged to have failed to sway an electorate focused obsessively on the economy and the cost of living. And it’s true that the Abrego Garcia case arose precisely as Trump made himself highly vulnerable on the economy with his wild tariff schemes.
But the emotions aroused by the administration’s cruelty and arrogance in launching its mass-deportation initiative have struck chords with major elements of the Democratic base, particularly among those attuned to the constitutional issues involved. And it’s not a secret that even though Trump enjoys generally positive approval ratings on his handling of immigration issues, they begin to erode when specifics are polled. It’s also quite likely that whatever the overall numbers show, deportation overreach will hurt Trump and his party precisely in the immigrant-adjacent elements of the electorate in which he made crucial 2024 gains.
Personally, I’ve never been a fan of communications strategies that turn message discipline into message bondage, persuading political gabbers and writers to grind away on a single note and ignore other opportunities and challenges. In the current situation facing Democrats, strategic silence on a volatile issue like immigration (which was arguably one of Kamala Harris’s problems during the 2024 campaign) enables the opposition to fill in the blanks with invidious characterizations. In politics, silence is almost never golden.
Perhaps more to the point, as G. Elliot Morris argues, there are ways to link messages on different issues that reinforce them all:
“One way to focus messaging on both the economy and immigration, for example, might be to show how unchecked executive power is dangerous. After all the most unpopular parts of Trump’s agenda — tariffs and deportations for undocumented migrants who have been here a long time and committed no crimes — are a direct result of executive overreach.
“The power that gives Trump the ability to levy extreme tariffs was given to the president when Congress expected him to be forgiving of tariffs on an individual basis as an act of diplomacy, not to plunge the world economic order into crisis. Similarly, the judiciary has said Trump’s deporting of Abrego Garcia, as well as hundreds of Venezuelans, runs afoul of multiple Court orders.”
Even if you conclude that “unchecked executive power” is too abstract a line of attack for today’s paycheck-focused swing voters, it shouldn’t be that difficult to hit two messages simultaneously, particularly since the message on Trump’s tariffs doesn’t require a whole lot of reiteration from Democrats: Voters can see it in the stock market, and soon enough they will likely see it in the prices they are paying for goods and services.
But the real clincher in persuading Democrats to take the Abrego Garcia case very seriously is this: Anything less than full-throated opposition to the administration’s joyful embrace of Gestapo tactics and un-American policies in deportation cases will undoubtedly dishearten constituents who already fear their elected officials are unprincipled cynics who won’t lift a finger to fight Trump without first convening a focus group of tuned-out swing voters. Politicians don’t have to emulate Senator Chris Van Hollen’s decision to fly down to El Salvador and meet with his imprisoned constituent to recognize that his willingness to do so was impressive and authentic. As he told my colleague Benjamin Hart in an interview earlier this week, “The issue here is protecting the rights of individuals under our Constitution … I do believe this is a place that we need to stand up and fight.” It’s hard to do anything else without shame.