Resistance: if not now, when?

CNN reported a few hours ago the following:

Senate Democrats are weighing whether to avoid an all-out war to block President Donald Trump’s upcoming Supreme Court pick, instead considering delaying that battle for a future nomination that could shift the ideological balance of the court, sources say.

Democrats privately discussed their tactics during a closed-door retreat in West Virginia last week. And a number of Democrats are trying to persuade liberal firebrands to essentially let Republicans confirm Trump’s pick after a vigorous confirmation process — since Trump is likely to name a conservative to replace the late conservative Justice Antonin Scalia.

After a full year of Republicans blocking any Supreme Court nominee, the Democratic minority is considering doing none of that, in order to preserve the filibuster for some fight down the line.

This is all deeply troubling whether you are moderate, liberal, or leftist. The idea that this is different because Scalia is a conservative justice is absurd, considering that Justices Breyer and Ginsburg are well over 75 at this point. Deciding to cement the 5-4 split for an indefinite amount of time (years? decades?) while mass protests are already far beyond small concessions certainly shows the side of the Democratic Party that explains their inability to defeat the most unelectable person in living memory last November.

It’s the underlying sentiment, though, that bothers me. Politician or protester, it is a dangerous assumption to think that there are further opportunities down the road. A few uncomfortable truths establishment liberals aren’t going to tell you, but are on the table:

  • Republicans control all of Congress, the Presidency, and a large majority of state legislatures and governorships.
State legislature party control, post-2016 elections (NCSL)
  • This includes almost all the key swing states that Clinton lost (Wisconsin, Michigan, Ohio, Pennsylvania, North Carolina, Florida). These states also had competitive Senate elections, which are also state-wide and have the same voting infrastructure as presidential elections.
  • It is clear that voter suppression was a huge factor in races at all levels in 2016, and states that wish to increase such efforts are not going to face Justice Department scrutiny anymore.
  • Thus, 2018 and especially 2020 could very well be, in the absence of strong resistance, basically unwinnable for anyone not right-wing- independent, Democratic, or otherwise.

The idea that everyone should wait out Trump’s first term, which was a big idea on Jan. 20, is pretty much dead by now. It’s clear that nobody really knows what the US political structure will be in Nov. 2020.

So we reach the familiar Hillel quote:

“If I am not for myself, who will be for me? But if I am only for myself, who am I? If not now, when?” Ethics of the Fathers, 1:14

The resistance has already begun. Don’t assume the future will be what you want or need it to be. Fascism of any type and degree has never respected democracy, and used it as a weapon to silence opposition. If you don’t like what’s being implemented now, stopping its enactment is a far better idea than waiting for some point down the line when it can all be repealed.