Robert Bork

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Tick, tick, tick: Will Donald Trump play the 'handmaiden' card, lighting a SCOTUS fuse?

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Tick, tick, tick: Will Donald Trump play the 'handmaiden' card, lighting a SCOTUS fuse?

The clock is ticking and the news coverage is heating up. At this point, for religion-beat pros, there's only one question that matters: Will Donald Trump GO THERE? Will he nominate the "loud dogma" candidate who will make heads explode in the liberal Catholic and secular politicos camps? We are, of course, talking about Judge Amy Coney Barrett. 

However, there is a rather cynical possibility linked to this story, an angle explored in this week's "Crossroads" podcast. Click here to tune that in.

You see, Trump needs to fire up voters for the midterm elections. In particular, he needs evangelical Protestants and pro-Catechism Catholics to turn out in droves, to help rescue the GOP from, well, Trump's unique ability in infuriate half of America (especially in elite zip codes and newsrooms).

So what if he nominated Barrett and let the blue-culture masses go crazy?

What if he unleashed that storm, knowing that the moral, cultural and religious left will not be able to restrain itself?

What a scene! Remember the hearings long ago for Justice Robert Bork -- the SCOTUS seat eventually taken by one Judge Anthony Kennedy -- and this famous speech by the late Sen. Ted Kennedy, speaking for the Catholic left and cultural liberals everywhere?

Robert Bork’s America is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens’ doors in midnight raids, schoolchildren could not be taught about evolution, writers and artists would be censored at the whim of government, and the doors of the federal courts would be shut on the fingers of millions of citizens for whom the judiciary is often the only protector of the individual rights that are the heart of our democracy.

So what would that sound like today, if Barrett has to face her critics once again?

CNN legal analyst Jeffrey Toobin has already prepared that script, in a piece for The New Yorker, describing this future nightmare court:

It will overrule Roe v. Wade, allowing states to ban abortions and to criminally prosecute any physicians and nurses who perform them. It will allow shopkeepers, restaurateurs, and hotel owners to refuse service to gay customers on religious grounds.


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Beyond Roe, Bork and Trump: Can Americans find a way to discuss hot moral issues?

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I am old enough that I can -- if I focus my mind really hard -- remember what our public discourse was like before the Supreme Court became the only issue in American politics that really, ultimately, mattered.

How did America become a nation in which dialogue and compromise is impossible? Why is the U.S. Supreme Court always ground zero on all of this? What role is the mainstream press playing in this painful equation, especially when covering news linked to religious, moral and cultural clashes?

These kinds of questions are at the heart of this week's "Crossroads" podcast (click here to tune that in), which focuses on the painful state of political life in this age of Donald Trump, an age in which the status of the high court is even more controversial than ever, with Kennedy's retirement serving as another fuse on this bomb. 

But let's back up a minute, to when old folks like me were young. 

Yes, the 1960s were wild times, of course. The war in Vietnam was incredibly divisive and the nation was rocked by assassinations. Tragic divisions over race were real and could not be ignored. 

Still, everything changed for millions of Americans on Jan. 22, 1973. From that moment on the status of Roe v. Wade -- political wars over defending or overturning that decision -- loomed over every nomination to the U.S. Supreme Court and every presidential election, as well. 

Then came October 23, 1987 and the vote on the nomination of Judge Robert Bork to the high court. Bork was a former Yale Law School professor (former students included Bill Clinton and Hillary Rodham) who embraced and taught originalism -- the legal theory that the U.S. Constitution should be interpreted as written by the founders.

If you want to catch the flavor of the debate over Bork, here is the famous statement by Sen. Ted Kennedy: 



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Your sobering weekend think piece: A faith-free look at why Americans are so angry

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So, Americans, how mad are you? To be specific, how mad are you at other Americans and what were the seeds of your current level of anger? 

As someone who went through the 2016 election cycle in a #NeverTrump #NeverHillary frame of mind, I can't tell you how many times people asked me if that meant that I basically hated everyone in our tense and torn land.

The answer was no, but I had to admit that -- as a guy who self-identified as a pro-life Democrat for decades -- I was already pretty used to being felt left out of these national dramas. I was used to voting third party or going into a voting booth knowing that I faced painful compromises.

So, should I have felt a degree of satisfaction reading that New York Times think piece the other day that ran with this headline, "How We Became Bitter Political Enemies"?

When I saw that, I thought to myself: "Wow, someone is going to go back and trace the venom all the way to Judge Robert Bork." At the very least, this story was going to have to deal with the cultural and political legacy of Roe v. Wade.

No, newspapers have a very short-sighted view of history. In this case, we are talking about a very important set of Pew Research Center numbers that were already causing intense discussion before the attempted massacre of the entire GOP congressional baseball team.

Let's start here, with a chunk of information that is long, but essential reading. The question: Do you think religious, moral and cultural issues are at the heart of this.

“If you go back to the days of the Civil War, one can find cases in American political history where there was far more rancor and violence,” said Shanto Iyengar, a Stanford political scientist. “But in the modern era, there are no ‘ifs’ and ‘buts’ -- partisan animus is at an all-time high.”
Mr. Iyengar doesn’t mean that the typical Democratic or Republican voter has adopted more extreme ideological views (although it is the case that elected officials in Congress have moved further apart). Rather, Democrats and Republicans truly think worse of each other, a trend that isn’t really about policy preferences. Members of the two parties are more likely today to describe each other unfavorably, as selfish, as threats to the nation, even as unsuitable marriage material.
Surveys over time have used a 100-point thermometer scale to rate how voters feel toward each other, from cold to warm. Democrats and Republicans have been giving lower and lower scores -- more cold shoulder -- to the opposite party. By 2008, the average rating for members of the other party was barely above 30.

Ready for the hammer, the killer stat?


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