Thread by @PaulHRosenberg

Party of Bad Faith: Trump's efforts in Census case--one false argument on top of another--were over-the-top examples of bad faith. Different in degree, but not kind from what GOP has long been doing. via @Salon 1/21
salon.com/2019/07/14/par…

Last Monday, @ThePlumLineGS quoted @nicholas_bagley connecting Census case w/ ACA repeal: “In both, Barr directed his lawyers to make bad-faith arguments, just because Trump said so. That’s...a threat to the rule of law.” 2/21
washingtonpost.com/opinions/2019/…

But there's a LOT more bad faith in the GOP's history attacking the ACA, @nicholas_bagley told me: 3/21

And there's a LOT more history of bad faith in the GOP overall, especially in the legal/judicial realm: 4/21

The foundations of all this bad faith can be found in the "Long Southern Strategy" amazon.com/Long-Southern-…
@Salon co-author interview w/ @AngieMaxwell1 here: salon.com/2019/07/01/the…
5/21

"If you think historically about what organization has operated in bad faith more than any other, you would have to say the Confederacy" @AngieMaxwell1 told me: 6/21

Republicans didn't HAVE to focus on bad faith arguments to woo Southern voters, it was a conscious *choice* @AngieMaxwell1 said. Other aspects of Southern identity were ignored: 7/21

This led to Nixon's coded language of "law & order"--which appealed to some with its neutral appearance & others who knew EXACTLY what was being said. 8/21

And a different bad-faith argument underlay the new sexism introduced by Phyllis Schlafly as the second prong of the Long Southern Strategy, @AngieMaxwell1 said: 9/21

There *were* legitimate arguments to be made. But these weren't the ones Republicans wanted to have: 10/21

There's a HUGE disconnect in US politics between ideological conservatism ("free markets") vs. operational liberalism (gov't programs) w/ both good faith & bad faith ways to resolve, first discovered in 1964 survey published 3 years later. 11/21
amazon.com/Political-Beli… 11/21

What's usually unnoticed: the disconnect is TWICE as large in the Deep South--giving the bad faith ways a huge boost: 12/21

This disconnect contributes to "Asymmetric Politics" amzn.to/2jRNvdI (by @MattGrossmann & @DaveAHopkins) in turn producing "Asymmetric Constitutional Hardball" papers.ssrn.com/sol3/papers.cf… (by @DPozen & Joseph Fishkin. 13/21

And a follow-up paper by @jedshug “Constitutional Hardball vs. Beanball” introduced the element of bad faith:
papers.ssrn.com/sol3/papers.cf…
Salon story here: salon.com/2018/03/18/til… 14/21

But there's MUCH more bad faith out there, @DPozen told me. He's written a whole paper about it: "Constitutional Bad Faith" and he shared a few broad thoughts: papers.ssrn.com/sol3/papers.cf…
15/21

The paper lays out 3 types of constitutional bad faith. First, subjective bad faith: 16/21

Second is objective bad faith: 17/21

Third--more subtle--is Sartrean bad faith, “a lie to oneself”: 18/21

Sartrean bad faith can appear in two forms, each facially more conducive to a different ideological poll. But the preponderance of evidence is striking only on the conservative side. It literally screams out from the *Heller* gun-control decision: 19/21

And likewise from *Bush v. Gore*: 20/21

There's much more, tying things back to the Census case & what further trechery lies ahead. Read the whole story at @Salon: 21/21
salon.com/2019/07/14/par…