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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By Ed Kilgore
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July 18: At Root of Epstein Crisis Is MAGA Thirst For Democratic Blood
Any Democrats who are chortling and popping popcorn at the intra-MAGA blowup over the ghost of Jeffrey Epstein should be aware that what MAGA really wants is a witch-hunt against Democrats that Trump may well give them, as I explained at New York:
Observers seeking to understand the intense furor that has swept the right in the wake of Donald Trump’s efforts to dismiss the “Epstein files” are now wondering if millions of people really do believe Epstein was at the center of a global cabal of pedophile elitists and that the “files” the federal government collected about him were a sort of Rosetta Stone for understanding a host of political and cultural evils.
But in MAGA-world, you don’t have to be a full-on rabbit-hole dweller who buys into the more cosmic interpretations of Epstein’s significance to be bitterly disappointed by Trump’s “nothing to see here” dismissal of a long-awaited moment when the veil hiding the many crimes of the opposition would begin to lift. Perhaps for many, the files were just an appetizer for the revelations that would bring the heavy hand of justice down on the many devils of the MAGA imagination.
The underlying reality is that for all of Trump’s audacious actions since taking office, he has failed, so far, to fully undertake the campaign of retribution he promised his supporters again and again and again on the campaign trail. The Bidens are at liberty. So are the Obamas and the Clintons. So are the members of the January 6 committee. So are the prosecutors in New York and Washington and Atlanta that persecuted Trump personally. Not a single “enemy of the people” journalist has been jailed (though some have been silenced by their employers or intimidated by Trump and his lawyers).
Now, perhaps those who go too far in taking Trump “seriously but not literally” figured all these threats were just political theater. But his most avid supporters heard them many times, as Politico’s Ankush Khardori observed at the height of the 2024 campaign:
“In the most volatile presidential campaign of the last 50 years, one thing has remained remarkably constant: Donald Trump’s stated intention to prosecute a wide swath of his opponents if he wins the White House.
“The list of targets has been growing for years. It includes an array of Trump’s political and legal antagonists — real or perceived — ranging from President Joe Biden and Rep. Nancy Pelosi (D-Calif.) to Anthony Fauci, the members of the Jan. 6 committee and Manhattan District Attorney Alvin Bragg. Just a few weeks ago, Trump put hundreds — maybe thousands — more of his political opponents in his prosecutorial crosshairs by threatening unnamed Democratic lawyers, political operatives, donors, voters and election officials.
“Trump has talked about his plan for a prosecutorial revenge tour in public speeches, press interviews and a litany of social media posts. It is subtly embedded in the official Republican Party platform, which proposes to ‘hold accountable those who have misused the power of Government to unjustly prosecute their Political Opponents.'”
And it’s not just a matter of Trump holding grudges against those who allegedly “weaponized government” against him. Throughout his political career, but most intensively during his last campaign, Trump has not just promised to “make American great again.” He’s promised to punish those who ruined the country before he came on the scene to redeem it. So naturally, MAGA folk are dissatisfied at his accomplishments so far. Yes, it’s wonderful to see the federal government undertake the mass deportation of immigrants. But in a conspiracy theory fully and formally embraced by Trump, his campaign, and increasingly his party, they were told repeatedly that the people running and supporting the Biden administration had deliberately and with criminal intent “opened the borders” in order to enroll millions of aliens as illegal voters to perpetuate their disastrous regime. Are these traitors to escape any reckoning for their crimes?
This may be the fear underlying the angst over Epstein. Trump had given them every reason to believe the “files” might be a Pandora’s box that could begin the “retribution tour” with a bang. Now the claim they are a nothing-burger must feel to many MAGA activists like conquering the enemy castle only to find that the evil king’s treasure chest is empty.
That’s why the most likely way out of the political trap Trump has laid for himself is to scratch the itch that underlies the Epstein furor. Yes, he needs a distraction to change the subject. But for his base, the best distraction would be some investigations, arrests, perp walks, show trials, and consequences for the terrible villains who wrecked the country for so long. If you’ve ever been on a Trump “enemies list,” it would be a good time to hunker down and lawyer up. Trump needs some heads on pikes, some trophies for his base. And he needs them now.