We lived with the Supreme Court pushing the culture to the left for decades. It pushes the culture to the right for two weeks, & progressives are screaming for Court-packing, radical restructuring, jurisdiction-stripping, etc. Incapable of accepting the legitimacy of ever losing.
The lesson, as always: progressives will never, ever, ever, ever, ever, ever, ever accept the legitimacy of any system or institution in which they don't win all the time.
Progressivism cannot tolerate democracy, pluralism, or classical liberalism of any kind. All outcomes must go one way, all dissent must be crushed, every setback must be met with attacks on the system & conspiracy theories.
By contrast, the American people at large are capable of disapproving of Supreme Court decisions without wanting to burn the place down nationalreview.com/corner/unpopul…
Me: this longstanding, accelerating trend from progressive commentators & Democratic politicians, which I've documented for years, is bad.
Again: literally the only defense progressives have for the arguments & conduct of progressives & Democrats - which long predate the 2020 election, as well as continuing after seeing where Trump went - is "whatabout Trump."
"Trump gave us a free pass to continue attack the legitimacy of American elections & institutions" is not the lesson anyone should have drawn from January 6. I argued precisely the contrary at the time nationalreview.com/2021/01/legiti…
Gorsuch: "More than once a North Carolina attorney general
has opposed laws enacted by the General Assembly and declined to defend them fully in federal litigation." State legislators can intervene.
Berger is good as a process matter - court cases should feature a full adversarial airing of the issues, not collusive game-throwing - but it taps into the broader issue (hot in Election Clauses cases) of how much the Court defers to how states describe the division of power.
Not one of the people making that argument - not one - would dismiss the exact same charge coming from an ideological opponent if the sides were reversed.