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Culture War Roundup for the week of December 18, 2023

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I called that any form of trust-based equilibrium was toast way back when Reps stole a Supreme Court seat. I cannot overemphasize what an effect that event had in re-framing what politics was about and what the Republicans were like for politically engaged Dems who weren't already maximally cynical.

I think you can over-emphasize its importance. The political tit-for-tat and flouting national norms goes back a long time. But I would politely suggest anyone looking to the Garland -> Gorsuch -> Kavanaugh arc of the Supreme Court as the only relevant history is either misinformed, or using deeply-motivated history.

As some examples:

The modern history of contentious Supreme Court Justice Nominations really starts with Robert Bork.

Clarence Thomas and Brett Kavanaugh (and perhaps even Amy Comey Barrett) were subject to far more contentious nominations than anything Democratic appointees have ever been subject to.

Bush v Gore probably did more than any other case to convince the public that the Court is a political actor.

The Roberts opinion affirming the Constitutionality of Obamacare probably comes second.

Looking past SCOTUS: Russiagate pee tape accusations and George Floyd had a far more radicalizing effect on the Left than Garland being denied a seat.

Politics is of course a two-way relationship, but if we were to arbitrarily tally up norms broken in the last 30 years (or 40, or whatever), I think it would generally be the left breaking more of them. A lot of the Right's exceptions would be contained to Bush's actions over the Iraq War, with many of Trump's actions being broadly disdained by the GOP. (They wouldn't even let him declare an emergency to build a border wall.)

Clarence Thomas and Brett Kavanaugh (and perhaps even Amy Comey Barrett) were subject to far more contentious nominations than anything Democratic appointees have ever been subject to.

The difference being that those are names of 3 Supreme Court justices.

Yes, the Democrats did reject one Republican nominee 35 years ago. But he was rejected after an open and pulib hearing and vote, and then the next Republican nominee that replaced him was unanimously approved. Reagan still filled his seat.

The issue is not that Garland had a contentious hearing, or even that he was not confirmed at his hearing. The issue is that he had no hearing and no vote, the Republicans just pretended he didn't exist.

There has indeed always been acrimony and fighting over SC seats, and using the rules to ratfuck the other party wherever possible.

But this one went beyond the established rules in a way that was genuinely surprising/baffling/outraging to people at the time. A big fight with lots of mud slinging and feet dragging was expected, what happened was just weird

And as such, I really do believe it expanded the borders of what types of ratfucking and acrimony could be reasonably entertained.

  • -10

If he had a hearing but they never were going to vote yes would that have satisfied you?

If they then went on to unanimously elect Obama's next nominee, which is what happened in the Bork case, then sure, that would be fine.

Bork's rejection was unprecedented and for fundamentally political reasons. You can argue why you think it was justified, but that's not the relevant question: we're talking about the long-escalating fight over norms. As such:

But this one went beyond the established rules in a way that was genuinely surprising/baffling/outraging to people at the time.

This was also true of Bork's hearing. Everyone admitted he had one of the finest legal minds of his generation and was immeninently qualified to sit on the Supreme Court. (It is the ultimate irony that it was Biden who lead the push against Bork at the time, and has had to deal with the consequences.)

I don't doubt that Republicans' treatment of Garland was an escalation, although I quibble with some of these details. (I always hear it said that it was appaling that the GOP never even held hearings -- but I don't think, if they had voted no after some show trials, that it would really have helped anyone feel better.)

I'm also not arguing here that Democrats are uniquely bad and Republicans have never fouught back. But in the modern context I don't think the Garland nomination is this uniquely radicalizing moment. Probably in the top ten. Maybe it cracks the top five.

I always hear it said that it was appaling that the GOP never even held hearings -- but I don't think, if they had voted no after some show trials, that it would really have helped anyone feel better

If they had voted 'no', and then unanimously voted yes on Obama's nest appointment, as is what actually happened with Bork, people would have felt a lot better.

No one is particularly attached to Garland in particular, they're attached to the seat.

They wouldn't have voted yes on Obama's next appointment. They made it clear that they wanted the seat, not to slight Garland specifically.

I'm not saying Republicans didn't really do anything provocative. I'm saying that the specific is irrelevant.