Should Democrats Go to the Mattresses Over the Supreme Court?

Evan Golub via ZUMA

Get your news from a source that’s not owned and controlled by oligarchs. Sign up for the free Mother Jones Daily.

I’m in a quandary. Last night I suggested that Anthony Kennedy’s retirement from the Supreme Court would energize progressives and produce a huge turnout in the November midterms. My thinking behind this was:

  • On the conservative side, the replacement would already be in place by Election Day, so it wouldn’t have any special effect on Republican turnout.
  • On the progressive side, Kennedy’s replacement would put Roe v. Wade in such obvious danger that Democrats would flock to the polls.

Obviously I could be wrong about either of these things, but put that aside for now. It turns out that the controversy of the moment among progressives is whether Democrats should put up a titanic fight to prevent a replacement from being confirmed. My assumption had been that Dems would fight, but mostly pro forma since they have no feasible way of stopping Republicans. They could try to persuade a couple of centrist Republicans to vote against anyone who might overturn Roe, but that’s pretty unlikely—and the other ideas I’ve heard go downhill from there. Republicans are going to win this fight, and the Democratic leadership knows it.

Like I said, that was my assumption behind all this. But what if Democrats do go to the mattresses? Block the doorways, disrupt quorum calls, put gum in all the locks and sugar in the gas tanks. Whatever. If that’s the case, then it becomes an all-out war and conservatives will be at least as energized as progressives. Maybe more so. That means a pro forma fight is probably the best bet.

On the other hand, the midterms are all about the Resistance. They’re all about the fight, showing a spine, and turning out the base. Wouldn’t a pro forma fight deflate all that? If Dems don’t blow up a few things, the base might get disgusted and just stay home. That means we need to declare war.

This alternative hadn’t really occurred to me. Rationally, a pro forma fight is almost certainly the best bet. But politics isn’t about rationality. It’s about inspiring your own side and deflating the other side. Unfortunately, there doesn’t seem to be a single strategy which accomplishes that here. Any ideas?

DECEMBER IS MAKE OR BREAK

A full one-third of our annual fundraising comes in this month alone. That’s risky, because a strong December means our newsroom is on the beat and reporting at full strength—but a weak one means budget cuts and hard choices ahead.

The December 31 deadline is closing in fast. To reach our $400,000 goal, we need readers who’ve never given before to join the ranks of MoJo donors. And we need our steadfast supporters to give again—any amount today.

Managing an independent, nonprofit newsroom is staggeringly hard. There’s no cushion in our budget—no backup revenue, no corporate safety net. We can’t afford to fall short, and we can’t rely on corporations or deep-pocketed interests to fund the fierce, investigative journalism Mother Jones exists to do.

That’s why we need you right now. Please chip in to help close the gap.

DECEMBER IS MAKE OR BREAK

A full one-third of our annual fundraising comes in this month alone. That’s risky, because a strong December means our newsroom is on the beat and reporting at full strength—but a weak one means budget cuts and hard choices ahead.

The December 31 deadline is closing in fast. To reach our $400,000 goal, we need readers who’ve never given before to join the ranks of MoJo donors. And we need our steadfast supporters to give again—any amount today.

Managing an independent, nonprofit newsroom is staggeringly hard. There’s no cushion in our budget—no backup revenue, no corporate safety net. We can’t afford to fall short, and we can’t rely on corporations or deep-pocketed interests to fund the fierce, investigative journalism Mother Jones exists to do.

That’s why we need you right now. Please chip in to help close the gap.

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate