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Culture War Roundup for the week of December 18, 2023

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Why was Obama entitled to a replacement for RBG? What replacements are Conservatives entitled to, and how is this entitlement adjudicated or enforced?

No such entitlement exists, has ever existed, or ever will exist. There is no legal requirement that the Supreme Court be "balanced", or that either side receives any representation in it beyond what they can secure through winning elections. Progressives abused the Court for decades, claiming that the "Living Constitution" and its emanations and penumbras allowed them to arbitrarily shape the nation's laws. Progressives trampled Conservatives' constitutional and human rights with abandon, and continue to do so to this day.

There has never been a point in living memory when the Supreme Court was not an ideological weapon, only points when that weapon was wielded according to the preferences of partisans of one stripe or the other. Well, live by the sword, die by the sword.

It’s not about “entitled” so much as “stable norm” that was significantly disrupted. There have been many tits and tats regarding both the senate’s rules and the Supreme Court, and this was a big one.

I can agree with you about progressives torturing the plain reading of the law and still note that blockading a president getting to seat a justice during his term was a significant escalation by the GOP. It has paid off in the short term but the longer effects remain to be seen, and I dislike the further degradation of norms by default.

Taking the cynicism of “all that matters is what you can get away with” is not great when either side does it, even when in this case I prefer a conservative tilt. Our constitutional system relies a lot on goodwill and norms and both sides have taken big whacks at it while only being able to see what the other side has done.