Six Initial Thoughts on the Gorsuch Nomination

Few wait with baited breath for Aardvark’s initial comments, but what the hell, I’ll share them anyway.

  1. It could have been worse. (See this reaction by Obama’s solicitor general, Neal Katyal.)
  2. Someone who makes a point of not showing undue deference to the executive branch is not a bad guy to have at this point in history.
  3. Accordingly, this time around the better part of wisdom would be for Democrats to participate actively in the hearings, listen to get a sense of his character and views, and then decide whether it’s someone they can support. If fundamental problems arise out of the testimony, vote no. If not, abstain or vote yes.
  4. Progressives need to take a clear stand on the stolen seat issue. 2018 and 2020 are both election years. They should declare in advance that they will refuse to anyone Trump might nominate to fill any Supreme Court vacancy that occurs in those years. Not because they agree with the Republicans’ having deducted one year from Obama’s term of office, but because turnabout is fair play.
  5. If a vacancy does occur in one of those years, the Democrats filibuster, and the Republicans invoke the nuclear option, then so be it. The filibuster is on the way out anyway, and it should be on the way out as long as its going to be abused. Jonathan Chait says let the Republicans kill it, and I tend to agree.
  6. Finally, just for laughs, I hope someone of a scholarly bent will provide a detailed, reasoned catalog of legal issues on which Gorsuch and Garland would probably vote differently. That might make for a reasonably informed discussion. And God forbid that we should have an informed discussion on a matter such as this.

It’s a Snowy Day in Hell: Jonathan Chait is Wrong, Jennifer Rubin is Right

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A Delusional Goofball, Not a Koch Brothers/Paul Ryan Sock Puppet

Aardvark enjoys reading Jonathan Chait, benefits from his insight, and stands in awe of his erudition and progressive fervor. Occasionally, however, Atlas shrugs. Yesterday Chait advised us that The Fight for the Soul of the Reopublican Party Has Been Canceled. After a meandering discussion of Trump’s singular inaugural speech, the role of Andrew Jackson in American history, and other topics, Chait concluded, “Far from being at odds with the agenda of a party allied with entrenched wealth, that populist style [of McCarthy, Wallace, Palin, and Trump] is the best way to lend that agenda mass appeal. We should stop seeing Trumpism as a challenge to the GOP and instead understand it as the party’s natural historical evolution.”

But today Jennifer Rubin—she of the burning passion for Mitt Romney—lets us in on the secret that Trump isn’t opn the same page as Ryan. He’s not even in the same library. Rubin writes,

Ryan may be heartened by hearing, The President wants tax reform. That means nothing. One cannot tell if Congress and Trump are on the same page until Trump knows what he wants, and Ryan will never get a definitive answer until Trump either supports what Congress produces or declares it “stupid” or a “loser.” Trump wants crowds, “wins,” acclaim, respect and adulation; what legislative product he gets matters only insofar as it provides him with emotional sustenance. …

To state the obvious, Ryan’s agenda is not Trump’s agenda. The things that motivate Trump are the wall, massive voter fraud and other shiny objects that his low-information base delights in. Trump devotes time to the things that matter to him, and this week demonstrates amply that trivial, fictional and personal issues matter. If he waves his hand and tells Ryan, Whatever you guys have is good, that’s no sign of agreement, or even interest. Lawmakers should understand that they really have no idea where Trump is on the details that matter.

They will spend months working on issues as Trump heckles from the sidelines, never supporting them when the heat rises. The sooner lawmakers grasp this, the more intelligent choices they can make about prioritizing objectives.

Meanwhile, at the Washington Monthly, Nancy LeTourneau asks, Are Republicans Starting to Recognize Trump’s Mental Instability? Good question.

And Martrin Longman, channeling Aardvark—or, more likely, it’s the other way around—laments,

Whatever this is, it’s not sanity. This isn’t some crazy like a fox cunning aimed at distracting us while Trump steals our lunch. It’s out-and-out racist-drunk-at-the-end-of-the-bar insanity. In fact, Cliff Clavin look reliable in comparison.

The media is treating this with appropriate astonishment. They’re really not sugarcoating it except that they’re not willing, like me, to come out and call this man exactly what he is, which is critically, urgently, unfit for office.

He must go soon.

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