Benjamin Studebaker

Yet Another Attempt to Make the World a Better Place by Writing Things

Tag: Culture War

A Left Critique of the Current Protests

There are a number of problems with the strategy of the current protest movement. No one seems to be writing about these problems. This is not to say that no one can see them. Many folks have reservations, but stay silent in the hope that the protests will succeed. Others see the problems but fear that pointing them out will attract hostility from fanatics on the internet. The problem is that the strategy is not just sub-optimal–it is counterproductive. It is going to blow up in our faces, and the sooner we face up to that, the better. Here’s why.

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The Republicans are Sticking with Kavanaugh for Purely Political Reasons

Remember when Antonin Scalia died and Barack Obama tried to replace him? I remember because on that occasion I wrote one of the most mistaken pieces I’ve ever published on this site: “How Obama Can Replace Scalia“. In that piece, I argued that because previous Supreme Court justices had been replaced in time periods much shorter than the remainder of Obama’s term, Obama would surely also be able to replace Scalia before leaving office. After all, if Republicans attempted to block him for almost a full year, the public would be furious with them for playing politics with the court, and would play a price at the 2016 election. I even had a nice chart:

Scalia Replacement

I was completely wrong about this because I underestimated the degree to which the Supreme Court has become transparently political, even in the eyes of ordinary Americans. Our political parties hardly even have to excuse politicising the court (though they try to do so anyway). We all know that some of the justices are conservative and some are liberal, even if they couch their political ideology behind legal theories like “originalism” and “textualism”. We recognise that there is no such thing as an apolitical judge, that when judges claim to be politically neutral they are being disingenuous. So we now treat Supreme Court nominations like any other political issue and fight tooth and nail to ensure that the next judge is someone we can ideologically live with. And we may have to live with their ideology a long time–between presidents picking younger judges and judges living longer, the average bench time for a Supreme Court justice has quietly increased by around a decade. Having learnt from my mistakes, I now look at the fight to replace Anthony Kennedy quite differently.

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