Gorsuch Will Live. Norm Will Die.

For months, there’s been plenty of talk about candidate and Pres. Trump destroying various political and cultural norms.  Fair enough.  Most of this talk, however, comes from Democrats (or the Left broadly), who are in the process of upending a political norm themselves.

The nomination of Judge Neil Gorsuch to serve as an Associate Justice on the Supreme Court was favorably voted out of the Senate Judiciary Cmte yesterday on a party-line vote.  It seems likely that the Democrats will filibuster his nomination when it reaches the Senate floor, which in turn will likely cause Senate Republicans to change the rules to eliminate the filibuster for SCOTUS nominations and to confirm Gorsuch by majority vote.

The GOP will be entirely justified in changing the rule.  Gorsuch is eminently qualified for the position.  No credible complaint has been lodged against his ethics.  His record is overwhelmingly in the majority of the panels on which he has served for the Tenth Circuit Court of Appeals.  His opinions are generally well-founded and lively in language.

In contrast, the Democrats’ opposition has been an incoherent mess.  Much of it has been an improper, results-oriented attack on his decisions, continuing the losing claim of Hillary Clinton’s campaign that courts should decide cases based on identity politics.

OTOH, when they aren’t painting him as an extremist, they’re conceding he’s really pretty mainstream, but cannot be confirmed after the way the GOP refused to hold hearings on Pres. Obama’s election-year SCOTUS nomination of Merrick Garland (an approach previously endorsed by Dems like Joe Biden and Chuck Schumer).

Further, Dems are supposedly alarmed that Gorsuch might reconsider precedents like Chevron v. NRDC, or even Roe v. Wade, which Democrats have taken to calling a “super-precedent” (a term as imaginary as a unicorn).  But they are also alarmed that he would be unwilling to reconsider precedents they don’t like, such as Citizens United v. FEC.  Again, a completely political, results-oriented approach that itself departs from the historic norm for judicial nominations.

Ending the filibuster for SCOTUS picks is the next step after Senate Democrats ended the filibuster for judicial nominations to lower courts.  Republicans had blocked a number of Pres. Obama’s judicial nominees, but it must be noted that this was in part a response to the Democrats’ filibuster of prior GOP nominees like Miguel Estrada, a highly-qualified  jurist blocked more than once for no other reason than Dems’ fear he eventually would be appointed to the SCOTUS.

The GOP was also responding to the attempted filibuster of Samuel Alito’s SCOTUS confirmation.  While unsuccessful, the Alito filibuster was supported by Senate Democratic leadership and by then-Sens. Hillary Clinton, Barack Obama, Joe Biden and John Kerry, to name a few.

Indeed, it could be said the Democrats have been attacking the norms for judicial nominations since at least the Reagan-era nomination of Robert Bork, an episode so egregious that the man’s name became a verb signifying a political smear.  Even after the Borking, Republicans attempted to adhere to the traditional norm of supporting well-qualified SCOTUS nominees despite philosophical disagreements, as can be seen by the near-unanimous vote for Ruth Bader Ginsberg.  The GOP got nothing for their consistency.

In this sense, the GOP tried to maintain the norm of confirming well-qualified jurists; the Dems are trying to destroy the remnant of that norm after decades of effort.

And in a way, none of this should surprise anyone much, as Democrats are by nature not particularly fond of norms  — at least not those they are establishing and imposing.  Progressivism is at its heart a philosophy that is not fond of Constitutional norms, as Woodrow Wilson made plain before and during his Presidency.  And in general, they are not disposed to ask why a fence exists before removing it.

Of course, some societal norms are worth junking.  Jim Crow is one obvious example, though progressive Democrats will crow much more about their role in ending it than their prior interest in eugenics (some of which still turns up in the unguarded thoughts of abortion advocates).  Fewer are interested in examining less obvious examples.

All of which is a roundabout way of saying that in politics, people’s concern about norms is usually as situational as their position on any other question.  It would be far better if those purporting to be concerned about norms were willing to have an adult conversation about why certain fences might exist, regardless of which partisan tribe holds a temporary majority.  But that norm appears to have been knocked down long ago.

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The Insanely Low Stakes of Trump’s Steaks

Pres. Trump apparently likes his steaks extremely well done.  The punditry about this has been extreme, but not well done.  The commentary more resembles the fattiest tartare you’ve ever tasted.

First, there were the the mopes like Vanity Fair‘s Graydon Carter, the Washington Post‘s food critic, and the occasional random food blogger recoiling in horror from Trump’s vulgar taste, exacerbated by his use of ketchup.  It was of course suggested that Trump’s gauche dining habits were in some way a metaphor for his parochial and close-minded politics.

Then there were the conservatives.  Some of the movers and shakers in conservative media, the thinkers, even one of its most elegant writers appeared on some of the right’s most respected and influential platforms to defend Trump’s dietary habits, or at least to note that others would see it as an asset.

And many smart conservatives shared those columns on social media, nodding their heads at the notion that lefties’ hysteria about Trump was largely a matter of aesthetics.

Yet righties found it scandalous that then-candidate Barack Obama passed up a the campaign ritual of a Philly Cheesesteak in 2007.  And notable that he was the sort who ate arugula…and kale.  It was a metaphor, you see, for his effete liberal sensibilities and politics.

Does the Trump/Obama comparison simply reflect the long-simmering populism of the GOP?  In a word, no.

Righties also had great fun with Bill Clinton’s appetites for fast food and… women with big hair.  They were a metaphor, you see, for the decadence and generally low class of the Democrats, not to mention the seeming grubbiness of the Clintons’ scandal-laden politics.  So inferior to the patrician Pres. George H. W. Bush.

Of course, the Democrats also have done this before Trump.  Ronald Reagan supposedly liked jellybeans — a childish indulgence that reflected a simpleton who once co-starred in a movie with a chimp.  Etc., etc.

This is what happens to people who never get out of the marinade of partisanship.  It’s what drives otherwise normal people to take insane conspiracy theories seriously.  It’s the sort of thing people will look back upon with mild embarrassment, should they ever bother to reflect.

The temptation will be to justify spending time on Trump’s steak by framing it as an example of anti-Trump hysteria.  But if you pass a man on a street corner wearing a sandwich board and ranting about the Freemasons, do you stop to loudly counter him to other passers-by?  No, you don’t.  And you know why you don’t.

The other temptation will be to denigrate the Left by supposing lefties’ objections to Trump are significantly aesthetic.  To be sure, many liberals preferred Trump to Cruz and Rubio during the primaries.

But he’s Pres. Trump now.  His picks for his Cabinet were significantly Republican and often conservative.  His Supreme Court nominee, Judge Neil Gorsuch, compares favorably to the late Justice Antonin Scalia.

Trump and a GOP Congress are rolling back some regulations.  And while the House GOP’s AHCA strikes me as a lame effort to marginally roll back Obamacare, Democrats will see it as the wrong sort of wealth distribution.

Moreover, Dems clearly have opposition on the merits to some of the more uniquely Trumpian policies, such as the “extreme vetting” of refugees and the expansion of immigration enforcement (even though it falls short of some of Trump’s campaign rhetoric).

It’s pretty obvious that the Left’s opposition to Trump is not significantly driven by his tastes (or lack thereof).  Those tastes are just another target of opportunity for them.  But the people responding seriously to these trivial pursuits are not doing themselves or their audiences any favors.

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