One shouldn’t expect the president to be moved by Merkley’s admonishments. And there are not likely to be many Senate Republicans swayed by his overtures. But there were plenty of people on hand who needed to hear what the Oregon lawmaker had to say—specifically, his Democratic Senate colleagues, who haven’t been singing from the same pro-democracy hymnal lately. Merkley’s oration arrives at a time when some spines need stiffening.
One might have expected by now that Democrats would have recognized how the Senate filibuster, which requires them to regularly conjure these supermajorities, is something of a suicide pact. Or that it’s a recent innovation that’s easily discarded. Or that it runs so counter to the Founders’ ideals that its very existence should be offensive. But not enough Democrats have made this leap. And the reason is that too many of them suffer from what The New Republic contributor Christopher Sprigman calls “Degenerative Senate Brain.”
The state of the GOP means that you can’t really have a Senate anymore. Unfortunately, the most Senate-brained Democrats still naïvely believe that they can revive this moribund body, through actions that at best send mixed messages and at worst directly undermine the work of Democrats like Jeff Merkley.
When it comes to deal-breakers, to each their own, but I find it puzzling that these weren’t some crimson flags for Senate Democrats. But even if they weren’t, everyone should understand that the only role a Republican judicial nominee plays in American life is serving Trump as if he was their personal legal client and backstopping his savage corruption. For that reason alone, there should never be a Democratic name signed to the advancement of Trump’s judges.
Folks, I would love to believe that a small overture might seed a future coming together of polarized parties. But if watching schoolchildren get shot to pieces several times a year isn’t going to foster that fellowship, then we’re definitely not getting there by throwing the other side a bone in the form of Harold Mooty. The government is shut down, there’s a hole in the White House, the president is ordering extrajudicial killings in Latin America as part of some run-up to a regime change war, and citizens are getting snatched off the streets by Brett Kavanaugh–inspired goons. The system so loved by the Senate-brained is currently offline! And these votes to approve the odd judicial candidate are simply small enabling acts that only help to fuel the disorder.
This article first appeared in Power Mad, a weekly TNR newsletter authored by deputy editor Jason Linkins. Sign up here.
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