I don’t want to start the fur flying with my colleague The Moose, who did a post earlier today explaining why he’d unenthusiastically vote to confirm John Roberts Chief Justice of the Supreme Court. But I definitely disagree; like him, speaking for myself only. To compress The Moose’s argument somewhat, he suggested that Roberts is acceptable because (a) he’s not a crazy person, and (b) Bush won the election, and presidents of either party deserve some benefit of the doubt on judicial nominations.I, too, am happy that Roberts appears to have ruled out paid-up-membership-in-good-standing in the Constitution In Exile movement. But Lord-a-Mighty, I hope we haven’t gotten to the point where the only disqualifier for a conservative Chief Justice would be if he or she openly and defiantly declares that most of the works of all three branches of the federal government over much of the twentieth century violates the Original Intent of the Founders, and must be overturned by judicial fiat.The fruits-of-victory argument is probably more important to the case for accepting Roberts, since it applies to the Democratic presidents of the future as well as to Bush.But I would respond that Bush has already deeply undermined that tradition by (1) refusing any serious bipartisan consultation over his judicial nominations, in sharp contrast with his predecessor, Bill Clinton, who almost certainly took a few names off his potential SCOTUS list to avoid a confirmation fight; and (2) engaging in an open, high-stakes campaign to reshape the Court and U.S. constitutional law through his appointments, with Roberts serving as the linchpin if not the ultimate tipping point.In other words, we are at a moment in which Supreme Court appointments represent a lunge towards Eternal Life for this wounded presidency. If stopping that lunge means sacrificing routine Republican votes for future Democratic SCOTUS nominations, so be it.And that, I would contend, is the most compelling argument against the final and best rationale for not worrying about Roberts: he’s just a one-for-one replacement for Rehnquist, and thus does not change the balance on the Court.That’s true, but Roberts is 50 years old, and since, as I profoundly hope, 50 is the new 30, he therefore represents in all probability at least a thirty-year extension of Rehnquist’s conservative and occasionally counter-revolutionary jurisprudence. Think about this: for the next seven or so presidential terms, SCOTUS will be “the Roberts Court.” This is not something progressives should minimize according to tactical considerations of the nomination in this moment’s political struggles.I do agree that the next presidential nomination to replace Justice O’Connor is even bigger in terms of shaping the future Court. And I don’t think Democrats should be forced to walk the plank to oppose or filibuster Roberts, who will probably get universal support from Senate Republicans.But given this nominee’s enduring significance; the Bush administration’s clear right-wing judicial-activist intentions; and the need to make it abundantly clear that the next nominee, if he or she is to the right of O’Conner, will face obstruction sho nuff–a robust Democratic vote against Roberts would be a very good thing.
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Editor’s Corner
By Ed Kilgore
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April 16: Brian Kemp Is Cynically Using Voter Suppression To Win Back MAGA Support
When an underwhelming primary rival to Brian Kemp announced his candidacy I took a look at the Georgia governor’s comeback strategy and wrote it up at New York.
Until March 25, Georgia governor Brian Kemp was looking pretty finished politically. Very publicly and vociferously blamed by Donald Trump for ratifying Secretary of State Brad Raffensperger’s certification of Joe Biden’s victory in Georgia on November 20, Kemp was persona non grata in MAGA country. He had already been periodically in Trump’s doghouse over his handling of the pandemic in his state, and before that, over his rejection of the Boss’s instruction that he appoint Representative Doug Collins to an open U.S. Senate seat. But getting in the way of the 45th president’s attempted election coup was the final straw: Trump has been publicly and privately vowing to take down Kemp in next year’s Republican gubernatorial primary, as recently as the RNC donor retreat in Florida last weekend. During his brief campaign appearance in Georgia before the January Senate runoffs that ended in defeat for his party, Trump even called on Collins to challenge Kemp in 2022, which wasn’t exactly a Georgia GOP talking point. Nor was Trump’s later suggestion that Kemp should resign.
Kemp managed to keep his mouth shut in the face of all these provocations, grimly promising to support Trump in 2024 and generally taking his medicine. But his comeback strategy became apparent when he made a big show of signing Georgia’s highly controversial new election law on March 25. It’s unclear whether he deliberately courted the appearance of racist impropriety, though he did sign the bill under a painting of a plantation and barred a Black Democratic legislator from his office during his remarks on the bill. (State Representative Park Cannon was subsequently manhandled by state troopers who wrestled her out of the Georgia Capitol to be arrested on multiple felony counts.)
As anger over the legislation mounted (echoing the anger over Kemp’s own voter-suppression measures as Georgia’s secretary of State, the job he insisted on keeping during his narrowly successful 2018 gubernatorial campaign) and major corporations joined the criticism of the law, Kemp was able to adopt a pose that is legal tender for a GOP pol at present: victim of “race card” politics backed by “woke” corporations. As the Associated Press reported, it was very clear to Georgia Republicans what the man who had labeled himself a “politically incorrect conservative” in 2018 was up to:“[T]he sweeping election law could be one of Kemp’s last hopes to rekindle a bond with Republicans who remain fiercely loyal to Trump and will be a critical force in next year’s GOP primary. The legislation, which Kemp signed into law, could give him an opening to persuade Republicans that he is an outsider, willing to stand up to Democrats, corporate leaders, and sports leagues who have derided the measure as an affront to democracy that is based on false claims and needs to be rewritten.“’This is an absolute godsend for Brian Kemp,’ said Brian Robinson, a Republican consultant and former top aide to Kemp’s predecessor, Nathan Deal.”
Kemp has eagerly been making the rounds of conservative media outlets to defend the new law, struggling, no doubt, to hide his glee at the liberal criticism it has attracted. The furor is helping him back home where it matters as well, as the Atlanta Journal-Constitution’s Greg Bluestein observes:
“In recent weeks, Kemp has been a mainstay on conservative cable TV shows and enjoyed raucous receptions at grassroots meetings across the state, seemingly dissuading better-known Republican rivals such as former U.S. Rep. Doug Collins, whom Trump once recruited to run.”
Morning Consult reports that Kemp’s job-approval rating among Georgia Republicans rose from 59 percent in mid-March to 74 percent in early April. Nonetheless, a well-known Georgia pol close to Trump has now announced a 2022 primary bid against the governor. But his identity could be a blessing in disguise to the incumbent.
Vernon Jones is a Black former state legislator and county CEO who endorsed Trump’s reelection last year and has more recently switched parties. He got a lot of MAGA attention, particularly after his featured role at the GOP National Convention. He has really taken to his new career in Republican politics, speaking at the notorious January 6 “Stop the Steal” rally in Washington and basking in the affection of the Big Man (“When are you announcing? When are you announcing?” Trump said to Jones at Mar-a-Lago last week).
Jones’s announcement made it clear that he’s the former president’s surrogate.
Jones, however, is a risky proposition as Trump’s instrument of vengeance against Kemp. Aside from the fact that he’s a career Democratic politician from a jurisdiction (the Atlanta inner suburb of Dekalb County) that your average rural Republican wouldn’t visit on a bet, he has always had some issues, as Bluestein explains, calling him “a uniquely polarizing figure in state politics”:
“Jones launched his political career in the early 1990s in the Georgia House before winning the first of two terms as DeKalb County’s chief executive officer in 2000. His stint was marked by controversy …
“[H]is angry outbursts and clashes with other local officials dominated headlines, as did more serious allegations …
“[A] wide-ranging special grand jury report released in 2013, after Jones left office, recommended an investigation against Jones and other DeKalb officials into possible bid-rigging and theft when he was chief executive, painting a picture of a culture of corruption that spanned from his office to workers and contractors in the watershed department.”
Worse yet, Jones was accused of rape in 2005. His successful defense was that the intercourse in question was part of a consensual three-way sexual encounter. This is still not a great look for candidates in the Christian-right- dominated Georgia GOP. And speaking of the Christian right, Jones had a problem with a vote in the legislature against a “fetal heartbeat” abortion ban Kemp had championed in 2019. On the eve of his candidacy, Jones executed a straight-out flip-flop on abortion, stating he now believed zygotes should be protected “from the moment of conception.”
You get the sense that Jones will serve as an irritant to Kemp but not a serious threat unless Trump himself forcefully intervenes in the race (and/or if a more formidable Trump-backed candidate, like Collins, who is reportedly mulling a Senate race, jumps in). And even then, Georgia Republicans will remember that Trump had strongly endorsed Kemp during the last gubernatorial primary. MAGA bravos looking for a pound of flesh may instead focus on Raffensperger, who has drawn an actual member of Congress as his 2022 primary opponent, along with the rival he barely defeated in 2018.
If Kemp does escape, he will likely face a rematch with his nemesis, voting-rights activist Stacey Abrams. And in that contest, all the treasure he has stored up in Republican circles by boasting of his commitment to “election integrity” may earn him a backlash from the voters he and his party have sought to bedevil.