Why the Christian Right Believes It Has Once-in-a-Decade Chance to Impose Its Radical Worldview on America
November 26, 2013
Elections have consequences. The Senate Democrats’ detonation of the “nuclear option” has dramatically raised the stakes for secular progressives in 2014, because if there are two issues that juice the Christian Right the most, it’s women’s reproductive rights and judicial activism. On the latter, the Religious Right senses a once-in-a-decade opportunity to impose its radical worldview on America.
Last week, the Senate voted 52-48 to eliminate the ability of the minority party in the Senate to filibuster executive branch nominees and any judgeship below the Supreme Court by changing the requirements for passage to a simple majority vote. It was a historic move made because there was no other alternative, given the GOP’s unprecedented abuse of the filibuster. In the history of the United States, 168 presidential nominees have been filibustered. Half occurred under all presidents from Washington through to Bush. Remarkably, the other half has taken place under just one president: Obama.
Why such aggressive judicial obstructionism by the GOP?
Washington Post columnist E.J. Dionne Jr. writes, “This era’s conservatives will use any means at their disposal to win control of the courts. Their goal is to do all they can to limit Congress’s ability to enact social reforms.”
The Christian Right, which is the GOP’s most reliable and agitated voting bloc, is obsessed with the courts, and the Court of Appeals for the D.C. circuit is the nation’s second most important judicial body, which is why Republicans “gave the game away when all but a few of them opposed Obama’s three most recent appointments.”
Now that Democrats were forced into limiting the filibuster, the Christian Right has its incentive to mobilize for 2014. A simple majority control of the Senate gives it an opportunity to pack the courts with judges straight out of the Justice Scalia mold, who once said that separation of church and state would come under scrutiny under a Supreme Court with a Scalia majority. If the Christian Right sweeps Republicans to control the Senate in next year’s midterms, the anti-secularists will take a big step forward toward their stated ideological goals.
The recent Values Voter Summit demonstrated that the likely 2016 GOP frontrunners have a base wish to transform America’s secular state into a tyrannical theocracy — a nirvana absent gays, liberals, immigrants, Muslims and science books. The right-wing media elites are already doing their bit to gin up the far right’s judicial activists with Rush Limbaugh comparing filibuster reform to rape.
Truth in Action Ministries recently released a film titled Freedom on Trial, which features Robert Bork, the failed Reagan Supreme Court nominee, Eagle Forum founder Phyllis Schlafly, and Heritage Foundation vice president Genevieve Wood. The general theme of the documentary is that Christianity is under attack thanks to liberal "activist judges." Bork warns that courts are “teaching the people that religion is evil,” while another conservative attorney claims decisions that go against the Ten Commandments will “destroy the country.”
President Obama’s judicial nominees were being filibustered because they threaten to alter the circuit court’s philosophical balance. The Republican Party has again demonstrated that nullification and obstruction are ready-made weapons to ensure the courts remain dominated by conservatives.
Cass R. Sunstein, author of Radicals in Robes: Why Extreme Right-Wing Courts are Bad for America, writes, “Our courts now represents the most extreme elements of the Republican Party. These reformers include a number of federal judges—radicals in robes, fundamentalists on the bench….some of these judges do not hesitate to depart radically from longstanding understandings of constitutional meaning.” Political analyst James Fallows writes, “Add that to the simply unprecedented abuse of the filibuster in the years since the Democrats won control of the Senate and then took the White House, you have what we’d identify as a kind of long-term coup if we saw it happening anywhere else.”
The end of the filibuster threatens the far right’s stranglehold on our courts. Senate minority leader Mitch McConnell warned, “The solution to this problem is at the ballot box. We look forward to having a great election in November 2014.” John McCain warned, “Democrats will regret this.”For Republicans to take back the Senate, they’ll need to win six seats. Given Democrats will need to defend 21 seats, compared to just 14 for the GOP, and that seven of those 21 Democratic seats are in states that lean Republican, expect the Christian Right to be the party’s primary water carrier in the midterms.
Former Speaker Tip O’Neill liked to say that all politics is local. He was wrong. It’s tribal. The detonation of the nuclear option ensures the always-mobilized theological tribe will turn out in high numbers in 2014. This means America’s secular state will remain in the balance should the secular left tribe do no better than its impotency in 2010.
CJ Werleman is the author of Crucifying America and God Hates You, Hate Him Back. Follow him on Twitter @cjwerleman.
The "No Budget, No Vacation" bill would hold lawmakers accountable for their pledge to reconcile the vastly different House and Senate budgets by Dec. 13, which was one of the key components of last month's deal to end the 16-day shutdown of the federal government. Since then, members of the Budget Conference Committee, led by the House and Senate budget chairs, have twice convened publicly, but there's been little indication that they're headed for a breakthrough.
Democrats will thus attach a vote on Slaughter's resolution to a procedural motion known as "the previous question" on Wednesday. The maneuver is one of the few ways in which the minority in the House can attempt to take control of the floor briefly away from the majority, but it's unlikely to succeed because it would need Republican votes.
Democrats are hopeful, however, that the vote will be tricky for Republicans amid reports that House GOP leaders are done legislating for the remainder of the year and have distributed a blank agenda for 2014 to their members. In a press release, Slaughter cites such articles and points out that House Speaker John Boehner (R-Ohio) reportedly joked in a private meeting with Republicans that the House shouldn’t even remain in session in December.
"This Republican House has redefined the term unproductive by setting records for futility with its glacial legislative pace and then shutting down the government when they don’t get their way," Slaughter said. "Now, after this dismal record, the Majority is planning to go on a vacation before fulfilling our most basic role to fund the government. It is time to stop governing crisis–to-crisis and finally give the American people and American businesses the certainty that comes with passing a federal budget. No budget, no vacation."
Slaughter voiced similar frustration over the lack of legislative action in the House on Tuesday when a second vote series was canceled. "Oh did we work too hard today?" she quipped, according to BuzzFeed's Kate Nocera.
As The Huffington Post reported earlier this year, the 113th Congress is on track to be the least productive in modern history, a tough record to beat given the 112th Congress was already the least productive since the 1940s. Boehner has called such reports "total nonsense," and said the American public would like to see Congress repeal laws rather than simply pass them.
But the House GOP has been scrutinized for stalling on comprehensive immigration reform and failing to pass spending bills at the levels set by Republican appropriators.
In terms of a budget agreement, Boehner and Rep. Paul Ryan (R-Wis.), the House Budget Chair, have ruled out any budget deal that includes new tax increases. Democrats have maintained that the federal budget cuts known as sequestration must be replaced with a combination of tax revenues and targeted spending cuts, setting up a possible stalemate ahead of the mid-December deadline.
Boehner nonetheless expressed optimism Tuesday that both sides could agree on a spending level for 2014, a day after top Republican appropriators warned against keeping sequestration in place in a letter to Ryan and Senate Budget Committee Chair Patty Murray (D-Wash.).
"It’s important that we do appropriations bills here to fund the government," he said at a press conference. "The idea that we should operate under what are called continuing resolutions is a poor way to do business."
Read the 'No Budget, No Vacation' bill below:
Resolution: No Budget, No Vacation