The Left’s Ill-Gotten Gains

I’m short on time for the next couple of days, so I won’t be able to post anything of substance. In the meantime, here’s a Kevin Williamson post which, as almost always, cuts to the heart of a matter. The left has been far more reliant on the Court to uphold rights it views as intrinsic, and that’s what scares them so much about the future of the Court.

And that is what terrifies the Left about the current direction of the Supreme Court. Roe v. Wadere presents ill-gotten political gains. While the NRA got a big win in the courts a few years back — one entirely in keeping with the actual text of the Constitution as it exists, not as progressives wish it were — it mainly has advanced its agenda and defended its agenda and defended its gains through ordinary democratic politics. It is not, contrary to the myth, a particularly big political donor or spender (not even in the top 100 last I checked) that gets things done by throwing money around. Until its recent (and, in my view, ill-advised) metamorphosis into a full-spectrum culture-war outfit, the NRA was a very disciplined and narrowly focused single-issue outfit, which made it truly bipartisan: Harry Reid may have been a train wreck on 99.99 percent of the issues, but he was solid on guns, and the NRA credited him for that.

NARAL and Planned Parenthood, who together form what we might understand as the NRA of abortion rights, are above all things terrified that they might be reduced to ordinary democratic political activism in a post-Roe world. They want to defend those ill-gotten gains, and they understand that the American consensus on abortion is a lot closer to the thinking of, say, George W. Bush than it is to that of the butchers’ guild. There is volatility in the polling, but by and large Americans take a pretty liberal view of abortion in the first trimester and in cases involving rape, incest, or serious threats to the health of the mother; they are open to many kinds of restriction and take a much more restrictive view as the pregnancy advances. If democratic preferences prevail, it is likely that U.S. abortion regulation will end up looking something more like what prevails in much of Europe. Not as restrictive as pro-lifers would like, but more restrictive than what we have.

Read the rest at the link I provided.

The Four MVPs of the Kavanaugh Confirmation

Now that Brett Kavanaugh has finally been confirmed to take a seat on the Supreme Court, I would like to highlight the four individuals who played an essential part in getting him past the finished line.

I have been following politics for the better part of three decades. I admit to certain biases, and I have been very critical of all four of these individuals. But all four deserve kudos.

Donald Trump: Brett Stephens is singing his praises, so he’s done something right. I’m not sure any other Republican president would have stood firm on this nomination. Moreover, for once in his presidency Trump knew to keep quiet. Well, mostly. He couldn’t help but take some potshots at Doctor Ford at a rally earlier this week, but aside from that, he let the process play out. This might have been the best moment of his presidency.

Mitch McConnell: Ah, Cocaine Mitch triumphs again. He, too, gets credit for keeping his head down and not wavering on the nominee. Despite the fact that it is widely rumored that he was not a fan of the pick, McConnell never threw in the towel. But his role in this fiasco goes further back. He took advantage of the opening Harry Reid so helpfully provided him, and he has outmaneuvered the Democrats every step of the way. The Democrats scored some own goals, it is true, but the Senate Majority Leader took advantage and has been every bit as critical as President Trump(‘s advisors) in ensuring that originalist judges get confirmed at a breathtaking pace. The reshaping of the Court will be McConnell’s legacy, and a damned fine one at that.

Lindsey Graham; The turning point in the Kavanugh confirmation process may have been Kavanaugh’s own testimony, but Graham also changed the dynamics by his heated chiding of his Senate colleagues on the Democratic side of the aisle. Who knew that moment would cause Graham to go full Bullworth, as he’s been on a roll ever since. This picture is a wonderful representation of Graham’s newfound DGAF attitude.

What’s impressive about Graham’s shift in attitude is, unlike some of the theatrics coming from the folks on the other side, you don’t get the impression it’s a put on. He’s not running for higher office, and whatever conservatives around the country may think of him, he probably has that seat for as long as he wants it.

Susan Collins: Fifteen minutes into her floor speech, I said, “She just loves this attention.” But as she continued, I appreciated what she was doing. Though it is likely to be fruitless in the end, I think it was her attempt to calm the mobs and bring perspective on Kavanaugh’s ascendancy to the Supreme Court. Even though I don’t think too many people will take her message to heart, she deserves credit for trying.

Some conservatives have joked that her floor speech convinced them that Kavanaugh shouldn’t be confirmed. Time will tell what kind of Justice he will be. I do hope he disappoints conservatives from time to time. The entire point is that the men and women of the court are not super legislators, so I would be more disappointed in Kavanaugh if he never rendered a decision upsetting to conservatives. My hope is that if I do disagree with his vote, he justifies it in a more convincing manner than Anthony Kennedy.

So here we are. At least we can finally put this rancor behind us.

Or not.

Rethinking Jeff Flake’s Rethinking

John McCormack credits Jeff Flake for helping to clear Brett Kavanaugh’s name through his push for a one week pause in the proceedings.

Shortly after 11 a.m. on Thursday, October 4, Democratic senators Dianne Feinstein and Chuck Schumer spoke to the press following a confidential briefing about the FBI’s supplemental background check. While the senators were limited about what they could say, Feinstein focused first on the fact that neither Kavanaugh nor Ford, who testified publicly for hours last week, were interviewed by the FBI.

If the FBI investigation had turned up some groundbreaking new information, that is not the kind of thing you’d expect the Democratic senators to focus on.

The FBI interviewed all the alleged party attendees—Ford’s lifelong female friend Leland Ingham Keyser, Kavanaugh friend P.J. Smyth, and alleged accomplice Mark Judge. Keyser had previously said she recalls no party at which Kavanaugh was present and does not know Kavanaugh. Schumer and Feinstein gave no indication Keyser has changed her story.

The FBI also interviewed Chris Garrett, a person Ford went out with around the time of the alleged assault in 1982 and Ford’s only known social connection to Kavanaugh and Judge. The FBI also interviewed Tim Gaudette, who hosted a July 1, 1982, party that has been the focus of much speculation. Schumer and Feinstein gave no indication those interviews turned up groundbreaking information.

Senate Judiciary Committee chairman Chuck Grassley said in a statement: “This investigation found no hint of misconduct and the same is true of the six prior FBI background investigations conducted during Judge Kavanaugh’s 25 years of public service.”

Republican senator Susan Collins of Maine, a key undecided vote, said this morning: “It appears to be a very thorough investigation.”

Indeed, the constant goalpost moving is a sure sign that the FBI investigation turned up nothing to corroborate Ford’s allegations, and other developments suggest Ford’s case against Kavanaugh is more suspect than we thought even a week ago.

So, did Flake wind up helping Kavanaugh, or at least did he help engineer something which will at ease some of the bitter feelings against him? I am not sure about that. Susan Collins is set to announce her vote, and Flake has already said he is now a yes (though he’s said that before). If Collins and/or Manchin vote for Kavanaugh, then he will be confirmed despite Lisa Murkowski’s no vote. At the very least, then, this pause didn’t hurt Kavanaugh.

But did it really make a difference? Did the general public’s opinion of the situation change appreciably? McCormack ably lays out the various ways the case against Kavanaugh has crumbled, but how many people are paying close attention and had their opinions change? That may be unknowable.

At the very least, I have been moved enough to delete an earlier post about Flake’s actions from a week ago. It was much too snarky and condescending, and in retrospect I let emotions run away from me.

Oddly, it was listening to Rush Limbaugh that caused me to delete the post. I have listened to Limbaugh only a handful of times in the past three years, and just happened to catch his program for a few minutes today. He was actually very understanding towards Flake, Collins, and Murkowski. The three of them have been inundated with calls, emails, tweets, etc, and they have received vile threats against them and their families. All Republicans have, but these three have borne the brunt of most of the anger. I can’t imagine what it would be like to face that much hate, and to receive credible threats against one’s security.

Buckling to the angry voices – as Flake may have done after being confronted by angry protesters – does embolden those angry voices, but I also haven’t been in his shoes. I’m not totally convinced Flake should receive credit for his seeming change of heart, but I’ll give him enough benefit of the doubt to back off my earlier denunciation.