The Daily Parker

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It's grim, but we've been here before

Josh Marshall says that, despite what will probably come from a hard-right Supreme Court over the next few years, this isn't the end of the left:

Elections have consequences. Often they are profound consequences stretching years or decades into the future from their inception point. Trumpism is civic poison. There is a temptation to think that this is another reverse coming after Trump’s election, the U.S. withdrawal from the Paris Climate Accord, the reversal of DACA protections and more. I don’t see it that way. These jolts are really only absorbing, fully recognizing the consequences of what happened in November 2016. Once we ingested it into the body politic all sorts of outcomes became either inevitable or possible. [Trump appointing a second conservative justice] is just one more of them, though perhaps the most consequential yet.

Jeffrey Toobin says Roe v Wade will be overturned and abortion in 20+ states within 18 months. This is far from the only change we are likely to see in short order. The most visible, high-profile Court issues tend to be those centering on questions like abortion rights, LGBT equality, religious liberty. Far less visible, though no less consequential, are the issues I expect a new Court to focus on most: using the scaffolding of the law to block legislatures from addressing key economic questions facing our society, much as the Court did in the late 19th and early decades of the 20th century. They are all important; they’re all down by six runs in the 9th inning.

How do we react? I wrote yesterday that we can’t expect the courts to save us. That was clear with yesterday’s decisions. It’s even more overwhelmingly clear today. Litigation remains critical. But the fight for voting rights, for instance, will be won at the ballot box. Change will come through robust political coalitions — at the local and state level, building to the federal level. Everything else must follow the same path. We are on our own, left to our own devices. The history, whatever mistakes, misfortunes and interventions, is simply the terrain we now grapple with.

Remember, the American populace will continue to look less white and less conservative as the years go on. And the Supreme Court will, with its coming 5-seat right rump, make decisions that more and more Americans find distasteful. The Republican Party have chosen the losing side, but like all people, they will fight harder to keep what they have than they fought to get it in the first place.

We've seen startlingly rapid reversals in American history, even when things looked the worst. The Court blocked FDR's first attempts to fix the economy in 1933-1935, but ultimately relented in the face of overwhelming popular support, which contributed to us getting out of the Great Depression.

Things look bad. But they always do right before they get better.

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