The Senate Republicans will force through Amy Coney Barrett's confirmation to the Supreme Court before the end of December, and there's nothing the Democratic Party can do to stop it.
OK. They win this round. But by the end of the next Congress, we can win the war.
Forget about Roe v Wade; if the Supreme Court overturns it, we can fix abortion rights with legislation. And forget about gay marriage; same deal. In fact, after the Democratic Party takes control of the legislature and executive in January, nothing should prevent us from passing a civil-rights bill to ensure all Americans continue to have access to those rights. The Republicans in the Senate know that, but they're hoping to distract you from their real agenda in stacking the Federal court system and preventing people of color from voting.
In a New York Times op-ed yesterday, author Christopher Leonard explains why Mitch McConnell wants Barrett on the court before the American people drive his caucus from power in three weeks:
Since the early 1970s, [Charles] Koch has sought to dismantle most federal regulatory institutions, and the federal courts have been central to that battle. In 1974, Mr. Koch gave a blistering speech to a libertarian think tank, called the Institute for Humane Studies, in which he outlined his vision of the American regulatory state, and the strategy he would employ over the ensuing decades to realize that vision. In short, Charles Koch believes that an unregulated free market is the only sustainable structure for human society.
To achieve his goal, Mr. Koch has built an influence network with three arms: a phalanx of lobbyists; a constellation of think tanks and university programs; and Americans For Prosperity, a grass-roots army of political activists. And shaping the U.S. judiciary has been part of Mr. Koch’s strategy from the beginning. In that 1974 speech, he recommended strategy of “strategically planned litigation” to test the regulatory authority of government agencies. Such lawsuits could make their way to the Supreme Court, where justices could set precedent. In the 1990s, he focused on lower-level judges, funding a legal institute that paid for judges to attend junkets at a Utah ski resort and Florida beachfront properties; the judges attended seminars on the importance of market forces in society and were warned against consideration of “junk science” — like specific methods to measure the effects of pollution — that plaintiffs used to prove corporate malfeasance.
As Charles Koch has written and stated so often in the past five decades, there are many, many laws and programs that he would like to negate. With the nomination of Judge Barrett to the court, he appears to be closer than ever to achieving this goal.
In other words, Senate Majority Leader Mitch McConnell's refusal to give hearings not just to Merrick Garland, but also close to 200 of President Obama's lower-court nominees, is about making rich people richer. Economist Paul Krugman explains further:
We should have had a deal in the summer, when it was already obvious that the rescue package approved in March was going to expire much too soon. But Senate Republicans were adamantly opposed to providing the necessary aid. Lindsey Graham declared that emergency unemployment benefits would be extended “over our dead bodies” (actually 215,000 other people’s dead bodies, but who’s counting?).
And McConnell — whose state benefits from far more federal spending than it pays in taxes — derided proposed aid to states as a “blue state bailout.”
Republicans didn’t worry about budget deficits when they rammed through a $2 trillion tax cut for corporations and the wealthy. They only pose as deficit hawks when trying to block spending that might help ordinary Americans.
No, what this is really about is the modern G.O.P.’s plutocratic agenda. McConnell and, as far as I can tell, every member of his caucus are completely committed to cutting taxes on the rich and aid to the poor and middle class. Other than March’s CARES Act, which Republicans passed only because they were panicking over a plunging stock market, it’s hard to think of any major G.O.P.-approved fiscal legislation in the past two decades that didn’t redistribute income upward.
You might think that Republicans would set the plutocratic imperative aside when the case for more government spending is compelling, whether it’s to repair our crumbling infrastructure or to provide relief during a pandemic. But all indications are that they believe — probably rightly — that successful government programs make the public more receptive to proposals for additional programs.
That’s why the G.O.P. has tried so frantically to overturn the Affordable Care Act; at this point it’s clear that Obamacare’s success in cutting the number of uninsured Americans has created an appetite for further health care reform.
So what can we do?
Well, first, we can win the damn election next month. The Economist has us at a 91% chance of winning the White House and a 71% chance of winning control of the Senate, but that depends on us voting and not letting Republicans steal votes. Then we have to actually govern using all the tools available to us in the Constitution, just as the Republicans have done.
Let's admit DC as a state and allow Puerto Rico to join as well if they want to. Meanwhile, we need to pass civil-rights and effective regulatory legislation, expand the Federal courts to balance ideologies on the bench, and put real safeguards in place to prevent the next Republican Senate or president from moving us closer to plutocracy through their demonstrated habit of counter-majoritarian rule.
The Republican Party blew up all the norms they expect us to follow when we regain power in January. You know what? They can gey kaker im meer, as my great-grandfather might say. They will howl and whine and cry and sue, like they always do, because no one likes not getting his way.
But we need to make it clear that we will not let their malfeasance go unpunished. Only when the Republican Party gives up its Koch-fueled, illiberal, anti-democratic policies should we attempt bipartisanship again. Let's be lawful good, not lawful stupid, and force them to act like a serious opposition party.