Should Democrats Go to the Mattresses Over the Supreme Court?

Evan Golub via ZUMA

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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?

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WHO DOESN’T LOVE A POSITIVE STORY—OR TWO?

“Great journalism really does make a difference in this world: it can even save kids.”

That’s what a civil rights lawyer wrote to Julia Lurie, the day after her major investigation into a psychiatric hospital chain that uses foster children as “cash cows” published, letting her know he was using her findings that same day in a hearing to keep a child out of one of the facilities we investigated.

That’s awesome. As is the fact that Julia, who spent a full year reporting this challenging story, promptly heard from a Senate committee that will use her work in their own investigation of Universal Health Services. There’s no doubt her revelations will continue to have a big impact in the months and years to come.

Like another story about Mother Jones’ real-world impact.

This one, a multiyear investigation, published in 2021, exposed conditions in sugar work camps in the Dominican Republic owned by Central Romana—the conglomerate behind brands like C&H and Domino, whose product ends up in our Hershey bars and other sweets. A year ago, the Biden administration banned sugar imports from Central Romana. And just recently, we learned of a previously undisclosed investigation from the Department of Homeland Security, looking into working conditions at Central Romana. How big of a deal is this?

“This could be the first time a corporation would be held criminally liable for forced labor in their own supply chains,” according to a retired special agent we talked to.

Wow.

And it is only because Mother Jones is funded primarily by donations from readers that we can mount ambitious, yearlong—or more—investigations like these two stories that are making waves.

About that: It’s unfathomably hard in the news business right now, and we came up about $28,000 short during our recent fall fundraising campaign. We simply have to make that up soon to avoid falling further behind than can be made up for, or needing to somehow trim $1 million from our budget, like happened last year.

If you can, please support the reporting you get from Mother Jones—that exists to make a difference, not a profit—with a donation of any amount today. We need more donations than normal to come in from this specific blurb to help close our funding gap before it gets any bigger.

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