Josh Marshall helpfully pointed us all to a Focus on the Family radio interview of Mark Levin (author of Men in Black: How the Supreme Court is Destroying America, the latest right-wing bestseller) by James Dobson. Talk about a fair and balanced discussion…. it’s like listening to a couple of McCoys covering a Hatfield family reunion.Josh went right to the money quote near the end of the broadcast, when Dobson quotes some nameless minister who compared the white-robed men of the Ku Klux Klan to the black-robed men of the federal bench.And that’s vintage Dobson, who loves phony analogies depicting himself and his fellow extremists as brave souls defending themselves and the human race against totalitarian tyranny. A few years back, in a bout of self-pity about being “persecuted” by gay rights activists, Dobson took to comparing himself to Dietrich Bonhoeffer and other “Confessing Church” victims of Hitler. Now, apparently, he’s a Freedom Rider risking violence from the Klan.Any day now, I expect to see Dobson at some Save Tom DeLay rally leading a horde of lobbyists and cultural warriors, arms linked, in a heart-felt rendition of “We Shall Overcome.” The whole Dobson-Levin conversation is an eye-opener for those, like me, who haven’t quite had the stomach to digest the Latter-Day Right’s view of the U.S. Constitution. Levin is a real piece of work, and it is not good news that his bestselling book may provide hundreds of thousands of readers with their only exposure to constitutional law. Unless I am missing something, he seems to object not only to recent Supreme Court opinions, but to Marbury v. Madison, the landmark case that established the right of judicial review 202 years ago.Levin’s mastered the trick of stringing together every generally acknowledged constitutional abomination since then–Dred Scott, Plessy v. Ferguson, Korematsu v. The United States–and breezily identifying them with Roe v. Wade, which creates a nice litany of “black-robed masters” enabling “slavery, segregation, internment and abortion.” His “solutions”–term limits for federal judges and a congressional veto of Supreme Court decisions–would, of course, require either constitutional amendments or armed revolution, but that doesn’t trouble Levin. At one point, he says “we can’t get our hands on the Supreme Court, but we can get our hands on elected officials.” Nice turn of phrase for a legal beagle, eh? But then again, in addition to being a best-selling author, Levin’s now a radio talk show host.The other really striking thing about the Dobson-Levin “interview” is exactly how far the Souderization of Justice Anthony Kennedy has gone. God, they hate this appointee of Ronald Reagan so much more than the “liberals” on the Court. With his usual stance of posing as a victim of those he is attacking, Dobson says: “Anthony Kennedy scares me;” Levin seems to posit Kennedy as at the center of a “cabal of radical leftists” who are literally taking over the country at the behest of “moral relativists” and one-worlders.This duo’s reasoning is something to behold. Dobson slips effortlessly from yammering about “lifetime appointees to the Court” to blasting Florida Circuit Court Judge George Greer, the Devil Figure in the Right’s view of the Schiavo case. I suspect Dobson knows Greer is an elected judge who won a new six-year term just last year, but hey, can’t cut those judicial murderers any slack, can you?After all, when you’re fighting today’s black-robed Klan, you have to fight fiery cross with fiery cross.
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Editor’s Corner
By Ed Kilgore
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July 11: If Biden “Steps Aside” and Harris Steps Up, There Should Be No Falloff in Support
At New York I discussed and tried to resolve one source of anxiety about a potential alternative ticket:
One very central dynamic in the recent saga of Democratic anxiety over Joe Biden’s chances against Donald Trump, given the weaknesses he displayed in his first 2024 debate, has been the role of his understudy, Vice-President Kamala Harris. My colleague Gabriel Debenedetti explained the problem nearly two years ago as the “Kamala Harris conundrum”:
“Top party donors have privately worried to close Obama allies that they’re skeptical of Harris’s prospects as a presidential candidate, citing the implosion of her 2020 campaign and her struggles as VP. Jockeying from other potential competitors, like frenemy Gavin Newsom, suggests that few would defer to her if Biden retired. Yet Harris’s strength among the party’s most influential voters nonetheless puts her in clear pole position.”
The perception that Harris is too unpopular to pick up the party banner if Biden dropped it, but too well-positioned to be pushed aside without huge collateral damage, was a major part of the mindset of political observers when evaluating Democratic options after the debate. But now fresher evidence of Harris’s public standing shows she’s just as viable as many of the candidates floated in fantasy scenarios about an “open convention,” “mini-primary,” or smoke-filled room that would sweep away both parts of the Biden-Harris ticket.
For a good while now, Harris’s job-approval numbers have been converging with Biden’s after trailing them initially. These indicate dismal popularity among voters generally, but not in a way that makes her an unacceptable replacement candidate should she be pressed into service in an emergency. As of now, her job-approval ratio in the FiveThirtyEight averages is 37.1 percent approve to 51.2 percent disapprove. Biden’s is 37.4 percent approve to 56.8 percent disapprove. In the favorability ratios tracked by RealClearPolitics, Harris is at 38.3 favorable to 54.6 percent unfavorable, while Biden is at 39.4 percent favorable to 56.9 percent unfavorable. There’s just not a great deal of difference other than slightly lower disapproval/unfavorable numbers for the veep.
On the crucial measurement of viability as a general-election candidate against Trump, there wasn’t much credible polling prior to the post-debate crisis. An Emerson survey in February 2024 showed Harris trailing Trump by 3 percent (43 percent to 46 percent), which was a better showing than Gavin Newsom (down ten points, 36 percent to 46 percent) or Gretchen Whitmer (down 12 points, 33 percent to 45 percent).
After the debate, though, there was a sudden cascade of polling matching Democratic alternatives against Trump, and while Harris’s strength varied, she consistently did as well as or better than the fantasy alternatives. The first cookie on the plate was a one-day June 28 survey from Data for Progress, which showed virtually indistinguishable polling against Trump by Biden, Harris, Cory Booker, Pete Buttigieg, Amy Klobuchar, Gavin Newsom, J.B. Pritzker, Josh Shapiro, and Gretchen Whitmer. All of them trailed Trump by 2 to 3 percent among likely voters.
Then two national polls released on July 2 showed Harris doing better than other feasible Biden alternatives. Reuters/Ipsos (which showed Biden and Trump tied) had Harris within a point of Trump, while Newsom trailed by three points, Andy Beshear by four, Whitmer by five, and Pritzker by six points. Similarly, CNN showed Harris trailing Trump by just two points; Pete Buttigieg trailing by four points; and Gavin Newsom and Gretchen Whitmer trailing him by five points.
Emerson came back with a new poll on July 9 that wasn’t as sunny as some for Democrats generally (every tested name trailed Trump, with Biden down by three points). But again, Harris (down by six points) did better than Newsom (down eight points); Buttigieg and Whitmer (down ten points); and Shapiro (down 12 points).
There’s been some talk that Harris might help Democrats with base constituencies that are sour about Biden. There’s not much publicly available evidence testing that hypothesis, though the crosstabs in the latest CNN poll do show Harris doing modestly better than Biden among people of color, voters under the age of 35, and women.
The bottom line is that one element of the “Kamala Harris conundrum” needs to be reconsidered. There should be no real drop-off in support if Biden (against current expectations) steps aside in favor of his vice-president (the only really feasible “replacement” scenario at this point). She probably has a higher ceiling of support than Biden as well, but in any event, she would have a fresh opportunity to make a strong first or second impression on many Americans who otherwise know little about her.