(Thread)
This week I analyzed McConnell’s power grab and offer democracy-saving responses.
Also why these kinds of responses play right into McConnell's hands:
🔹Gloves off!
🔹We have to fight fire with fire!
[Edited] transcription in the next tweet
This week I analyzed McConnell’s power grab and offer democracy-saving responses.
Also why these kinds of responses play right into McConnell's hands:
🔹Gloves off!
🔹We have to fight fire with fire!
[Edited] transcription in the next tweet
2/ You see, McConnell and pals want to undermine democratic institutions.
They're having trouble winning national elections. Their policies are unpopular, and their demographics are shrinking. (Duh, right? They cater to white supremacists in a country growing diverse.
They're having trouble winning national elections. Their policies are unpopular, and their demographics are shrinking. (Duh, right? They cater to white supremacists in a country growing diverse.
3/ This public statement was brilliant if your goal is to undermine democracy👇
I'll count the ways.
First, the GOP has benefitted politically from politicizing the Supreme Court.
The promise of appointing conservative justices gets their base to the polls.
I'll count the ways.
First, the GOP has benefitted politically from politicizing the Supreme Court.
The promise of appointing conservative justices gets their base to the polls.
4/ By the way, this all started as a backlash to the liberal Court of the 1950s and 1960s, which did things like desegregate courts and try to eliminate the racism in the criminal justice system.
Conservatives reacted by vowing to own the Court.
Conservatives reacted by vowing to own the Court.
5/ Second, McConnell's behavior effectively undermines democracy by rendering the government dysfunctional.
From Steven Levitsky, co-author of 👇the greatest danger to democracy is the government slipping into dysfunction, which will erode public confidence.
From Steven Levitsky, co-author of 👇the greatest danger to democracy is the government slipping into dysfunction, which will erode public confidence.
6/ Also from Levitsky: When public confidence erodes, people become vulnerable to the appeal of a strongman, who promises to get things done.
McConnell is engaging in what legal scholars call Constitutional Hardball. (Definition from Tushnet: scholarship.law.georgetown.edu/cgi/viewconten…)
McConnell is engaging in what legal scholars call Constitutional Hardball. (Definition from Tushnet: scholarship.law.georgetown.edu/cgi/viewconten…)
7/ Constitutional hardball is behavior that isn't technically forbidden by the Constitution but subverts the intention of the Constitution.
It's played by those trying to permanently rig the game in their favor.
It thus batters and damages democratic institutions.
It's played by those trying to permanently rig the game in their favor.
It thus batters and damages democratic institutions.
8/ For more explanation on that, see the video or transcription.
Another way McConnell's statement is evil genius:
All he has to do is utter his threat (which we know he’ll carry out) and suddenly his opposition looks weak and ineffective.
Another way McConnell's statement is evil genius:
All he has to do is utter his threat (which we know he’ll carry out) and suddenly his opposition looks weak and ineffective.
9/ What a neat trick, right? McConnell says something norm-breaking and suddenly he can make his opponent look weak (bad).
It also provokes this reaction👇
Now his opponents are willing to join him in a game of Constitutional hardball.
It also provokes this reaction👇
Now his opponents are willing to join him in a game of Constitutional hardball.
10/ When both sides engage in Constitutional hardball, democratic institutions will weaken more because the democratic institutions are being battered by both sides.
Both parties suddenly look the same. "He started it" is never a justification for bad behavior.
Both parties suddenly look the same. "He started it" is never a justification for bad behavior.
11/ One more way McConnell's comment was evil genius: It's hard to respond in a soundbite. Counter messaging is difficult. Truth is nuanced.
The short-term problem is figuring out how to convey to the public that McConnell, like these guys, is bashing democracy.
The short-term problem is figuring out how to convey to the public that McConnell, like these guys, is bashing democracy.
12/ A better, long-term solution is what legal scholar David Pozen calls anti-hardball reform.
Anti-hardball reform does this 👇
The goal is to depoliticize the Supreme Court and make it harder for McConnell to pull off a power grab.
scholarship.law.columbia.edu/cgi/viewconten…
Anti-hardball reform does this 👇
The goal is to depoliticize the Supreme Court and make it harder for McConnell to pull off a power grab.
scholarship.law.columbia.edu/cgi/viewconten…
13/ I think this thread will get too long if I try to explain ways of reforming and depoliticizing the Court, but I'll make this distinction:
Court-packing is when you try to stack the court with justices on your side.
Bipartisan court expansion is not court-packing.
Court-packing is when you try to stack the court with justices on your side.
Bipartisan court expansion is not court-packing.
14/ Obviously the GOP will resist good governance rules. They want to undermine democracy. They don't like it because when it works, they lose.
Can depoliticizing the court happen?
Biden is trying: whitehouse.gov/briefing-room/…
Can depoliticizing the court happen?
Biden is trying: whitehouse.gov/briefing-room/…
15/ Biden himself said the court must cease to be a "political football.”
That’s the goal.
Will it happen tomorrow or next month? No.
Can it happen?
Certainly. Pozen has ideas for how to persuade a reluctant Republican Party.
That’s the goal.
Will it happen tomorrow or next month? No.
Can it happen?
Certainly. Pozen has ideas for how to persuade a reluctant Republican Party.
16/ Meanwhile, let's have good government be the goal, not removing our gloves and descending to the level of Mitch McConnell.
If neither party takes the high road, how will justice-minded voters know who to vote for?
If neither party takes the high road, how will justice-minded voters know who to vote for?
17/ The Constitution gives Congress the power to structure the courts and determine the number of justices.
Congress has in the past changed the number of Justices.
Of course, some of them won't like it.
Congress has in the past changed the number of Justices.
Of course, some of them won't like it.
https://twitter.com/cecil94720/status/1406632492648460288
Oh goodness gracious. I get the typo of the day award.
https://twitter.com/Mickeleh/status/1406634084906913799
I should have qualified "justice-minded voters"
I meant the average voter who leans democratic but isn't watching the news cycle and thinking about government and politics all the time doesn't get it because it's complicated.
I didn't mean you all.
I meant the average voter who leans democratic but isn't watching the news cycle and thinking about government and politics all the time doesn't get it because it's complicated.
I didn't mean you all.
https://twitter.com/Nebby_99/status/1406632526492274689
Yesterday, someone informed me he listens to "both sides" (Fox and MSM) and "neither side is always right," and "nobody knows the truth."
I believe people like McConnell manipulate the ignorant, but he knows exactly what he's doing.
I believe people like McConnell manipulate the ignorant, but he knows exactly what he's doing.
https://twitter.com/Chicagolady/status/1406663101974470663
Okay, could be. The guy was also an anti-vaxxer.
I said, "600K Americans died." He said, "Yeah, out of how many?"
Me: stunned.
His point was that HE had a relatively small chance of dying.
So he didn't care how many others died?
https://twitter.com/mdawes2/status/1406667633672474627
I said, "600K Americans died." He said, "Yeah, out of how many?"
Me: stunned.
His point was that HE had a relatively small chance of dying.
So he didn't care how many others died?
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