Let us pause here for a moment and give thanks once again to those brave voices of The Left who would not be cowed by the extortionate pleadings of Hillary Rodham Clinton to remember the importance of the Supreme Court while casting their precious vanity ballots in November of 2016. Well done, dilettantes. In fact, I’m already half-nauseated by the barely concealed glee of the television pundits over what I am sure will be the political Gotterdammerung of a nomination process. The gorge rises like Vesuvius unbound when I hear people talk about what the Republicans want, and what the Democrats will do, and if somebody mentions Robert Bork any time in the next 15 minutes, I am going to eat a staple-gun.
There is not much that the Democrats can do about this now. The Republican majority in the Senate killed the filibuster in order to install Neil Gorsuch in the seat they hijacked from Merrick Garland. So any complaining about how Chuck Schumer didn’t hip-check Mitch McConnell into the aisle should be pre-emptively dismissed now. This result was inevitable from the moment that Antonin Scalia’s heart stopped. This is the beginning of the end of the long game that began with the Powell memo in 1972. All that’s left for them now is to solidify the gains they have made, an option that no longer may be available to minority voters, and gay citizens, and everybody else who thought their enhanced ability to participate in American self-government was permanent.
They have everything in place to do that very thing. Some of it was serendipity; they didn’t plan on two Republican presidents in 18 years both installed without winning the popular vote. But the rest of it was a grand strategy against everything they have despised about American politics since the end of World War II. They have pushed every built-in chokepoint present in our political institutions in order to put in place political choke-points guaranteed to operate to their advantage, and they’ve done everything to reinforce these dark creations until they look as permanent as the composition of the U.S. Senate or the Electoral College. When the Senate confirms the nomination of Louie Gohmert later this summer, it will mean that four of the nine justices of the Supreme Court will have been nominated by presidents who lost the popular vote. I’m beginning to doubt the wisdom of the Founders.
Anyway, everything’s up for grabs now, if Justice Samuel Alito’s casual detonation of 40 years of precedent in Wednesday’s majority opinion in Janus is any indication. Roe, and then Griswold, are in range. The very idea of a national healthcare system is running scared. Reform of our cash-drunk campaign finance system now looks as distant as the mountains of the moon. Obergefell carries a bullseye—the next court is odds-on to find religious liberty exceptions to every law, including gravity and certain parking regulations—and so do Miranda and, what the hell, Brown v. Board.
Why not? What’s out there to stop them now? Just this week, they’ve written religious bigotry and legislative ratfcking into the Constitution and converted the United States into a right-to-work country. Millions of people are going to have their lives made harder by the events of the past week. In that context, musings on political strategery seem viciously beside the point.