I know I’m late in officially registering opposition to the confirmation of Samuel Alito to the Supreme Court, but I’ve said enough negative stuff about him to make my position clear. I agree with the arguments for opposing Alito mentioned in yesterday’s New Dem Dispatch. But I would add to them my particular concern that he is almost certain to do his best, or worst, to undermine or reverse Roe v. Wade, not only eliminating every woman’s constitutional right to choose, but also turning the politics and legislative process of many states into an obsessive, nightmare struggle on abortion restrictions for many years to come. The Senate debate on Alito’s confirmation is fully underway now; it appears Democrats have chosen an “extended debate” as a compromise between the short discussion and quick vote Republicans preferred, and the filibuster at least some Democrats wanted. I hope Democrats now make a more coherent and judicial-philosophy centered argument than was made during the Judiciary Committee hearings. Forget about Princeton. Don’t get too obsessed with the arcana of “unitary executive” theory. The big point is that given a chance to nominate anybody he wanted to the Supreme Court, George W. Bush chose a lifelong movement conservative whose judicial philosphy will tilt the Court to the Right for many years, and will directly threaten the erosion or reversal of constitutional protections that really matter to the American people, beginning with the reproductive rights of women. And Bush did so as a blatant pander to the conservative activists who brought down Harriet Miers, and whom he now needs to defend his wretched record. As of now, only one Senate Democrat has announced support for Alito, and at a minimum, the vote against him will be much higher than against Chief Justice Roberts. Democrats are united on an important point of principle and politics, and while that will not keep Samuel Alito off the Court, it will matter down the road.
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By Ed Kilgore
I read a Thomas Friedman column this week that really required a smackdown. So I supplied one at New York:
How much political capital should Democrats invest in a probably doomed effort to save the political career of Liz Cheney? Earlier this week, Never Trump Republican Linda Chavez penned a column urging Wyoming Democrats to take a dive this November in order to give the incumbent a chance to survive as an independent, assuming (as it safe) that Cheney will be purged in her own party’s primary. And now, in an apparent coincidence, in comes New York Times columnist Thomas Friedman suggesting a far more radical step by Democrats to align themselves with the small slice of Republicans who follow Cheney’s example in repudiating Donald Trump. He wrote:
“Is that what America needs in 2024 — a ticket of Joe Biden and Liz Cheney? Or Joe Biden and Lisa Murkowski, or Kamala Harris and Mitt Romney, or Stacey Abrams and Liz Cheney, or Amy Klobuchar and Liz Cheney? Or any other such combination.”
Friedman phrases this as a question, but clearly he thinks it’s a good idea given the “existential moment” America would face if Trump is allowed to regain the presidency in 2024. It’s a bit of a loaded question, too, since it postulates that nothing short of a previously unimaginable “sacrifice” by Democrats and Never Trump Republicans alike can stop Trump — and that it would, in fact, succeed in stopping Trump.
I certainly agree that Democrats dumping Kamala Harris to give their vice-presidential nomination to a conservative Republican who opposes legalized abortion and is a militarist by conviction and heredity would be a “sacrifice,” to put it very mildly. It would also be very, very weird. Friedman cites the recent establishment of a mind-bending coalition government in Israel to thwart Bibi Netanyahu as a development comparable to what he is suggesting. But as he acknowledges, Israel has a parliamentary system in which multiparty coalitions are the rule rather than the exception. A presidential system in which parties invariably run separate tickets for the top job is another thing altogether.
The U.S. has had exactly one example of multiparty fusionism in a presidential election. In 1864, in the midst of the Civil War, Republicans nominated Democrat Andrew Johnson of Tennessee — then serving as U.S. military governor of Tennessee — to run with Lincoln on a “Union” ticket. The experiment did not turn out well, beginning with Johnson’s drunken inaugural address in 1865 and continuing with the racist solidarity he exhibited toward ex-Confederates after Lincoln’s assassination, culminating in his impeachment and near removal from office. There are important reasons politicians sort themselves out into major parties, which should be apparent in an era of polarization over issues other than the scofflaw behavior of Donald Trump.
Is the threat of Trump’s return to the White House the equivalent of the U.S. Civil War? Not in itself, I would contend, though that horrific development could lead eventually to grave conditions comparable if not equal to a civil war. The premise that a Biden-Cheney fusion ticket would uniquely doom Trump to failure is even more dubious. There has never been much evidence of a mass following for Never Trump Republicans, and such as it is, it is mostly composed of people who would (and did in 2020) gladly vote for Biden and Harris. The baleful effect that replacing Harris with Cheney on the ticket would have on Democratic turnout could easily offset or exceed the alleged benefits of bipartisan and trans-ideological fusion.
So Democrats should say thanks, but no thanks, to Friedman for the idea of submitting their party to some sort of unwieldy and unnatural coalition of national salvation, so long as there is the slightest possibility of beating Trump the old-fashioned way. Liz Cheney deserves great respect for the courage she has shown in defying Trump at the expense of her own career, and if Biden is reelected with her support, perhaps she deserves an ambassadorship, a minor Cabinet post, or a major sub-Cabinet position. But she has no business being at the top of the line of succession to a Democratic president.