Benjamin Studebaker

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

Tag: Supreme Court

May 3, 2022

Ironically, if Donald Trump were President, the Supreme Court Might Have Left Roe Alone

A leaked draft opinion is circulating indicating that the Supreme Court may plan to overturn Roe v. Wade, the decision that protects abortion rights. The draft opinion is not an official ruling, and it’s still possible that the Supreme Court may issue a different opinion. Draft opinions are not usually leaked. Many on the right think that the draft was leaked by a liberal staffer to subject the court to political pressure. But it’s also possible that a conservative leaked the draft as a way of politically testing the waters for a highly controversial version of the decision. By leaking a highly extreme opinion, more political space is potentially created for a less extreme, but still very controversial decision. Supreme Court justices do worry about the political legitimacy of the court. They do worry that if they push things too far, congress may seek to impeach some of the justices of pack the court. That brings me to the position I want to put in front of you today–if Donald Trump were president, the Supreme Court might be more skittish about touching Roe. That may sound like a bizarre view. Give me a chance to explain.

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September 25, 2020

The Fear Surrounding the Death of Ruth Bader Ginsburg is Unhealthy

Over the past week, there has been a very strong emotional reaction to the death of Ruth Bader Ginsburg. I am not talking about the grief–it is perfectly normal for Ginsburg’s many admirers to grieve her loss. But it has gone beyond grief. There is a climate of intense fear surrounding Ginsburg’s death. Over the past few months, the Democrats have tried to make the 2020 election feel existential. They want us to feel that we have to vote for Biden, because otherwise democracy itself will be destroyed. This has led to a lot of exaggeration. I have been reluctant to write on it, because the reactions people are having are so extreme. But contrary to the increasingly hysterical narrative, there is little reason to think that Ginsburg’s death will have massive political consequences. Here’s why.

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June 18, 2019

Pete Buttigieg is Neither Policy Wonk Nor Philosopher

As folks begin to notice that Pete Buttigieg doesn’t have a developed policy vision, he has tried to fight back by throwing together a series of short paragraphs on the “issues” section of his website. Here, for instance, are the two paragraphs on healthcare:

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October 6, 2018

The Supreme Court Post-Kavanaugh: A Grand Strategy for the Left

Now that it’s become clear that we’ve failed to stop Brett Kavanaugh, a fascinating debate is brewing about what the American left’s position ought to be with respect to the Supreme Court going forward. There are two big, radical proposals vying for people’s attention and support:

  1. Gather the senate supermajority necessary to impeach and convict Kavanaugh over the next several election cycles, then replace him with a Democratic Party nominee in 2021, 2023, or 2025.
  2. Gather a simple majority in the senate and a Democratic president and revive Franklin Roosevelt’s court-packing plan, increasing the number of Supreme Court justices until the court is forcibly shifted to the left.

I want to discuss the merits and demerits of both approaches and propose a long-term strategy that I think will be more effective than immediately picking up and running with either.

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September 28, 2018

The Kavanaugh Hearings Encapsulate the Rampant Emotionalism of American Politics

The British have a visceral hatred for Donald Trump. It’s not because of his positions on immigration or tax policy–there are plenty of European politicians who are at least as far right as Trump is, substantively. No, it’s because of the way Trump presents himself. He’s combative, he gets angry, he makes flippant, emotional remarks. When British politicians show emotion it exposes them as weak, out of control, and unstable. If a British politician shouts or cries in public–especially in a formal setting–it’s embarrassing. It’s not proper behaviour. Everyone in Britain knows, from an early age, that this is just not how politicians are supposed to behave. They like their leaders calm, stoic, controlled. This is less true than it used to be–for a time, Tony Blair got away with wearing his heart on his sleeve. But there were always those who made fun of it, who thought it “un-British”. Whenever a British politician makes an emotional display and gets away with it, there is a chunk of British people who write nervous columns about creeping Americanisation. Having spent some years in the UK, I can spot the kind of American politics they hate a mile off. And it has never been so blatant, so in-your-face, as this senate hearing for Brett Kavanaugh.

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