Politics & Policy

If You Think Our Politics Can’t Get Uglier Than the Kavanaugh Fight, Think Again

President Donald Trump speaks while Supreme Court Justice Brett Kavanaugh looks on, October 8, 2018. (Reuters/Jim Bourg)
They can, and they will.

Confirming Brett Kavanaugh was the best outcome at the end of a hellish decision tree that left the country with no ideal option.

Reasonable people may differ on that. But what seems more obvious: It’s all going to get worse. Because everyone is taking the wrong lessons from the Kavanaugh debacle.

Let’s start with the president. In an interview Saturday night on Fox News Channel’s Justice with Judge Jeanine, President Trump said that he was the one who “evened the playing field” for Kavanaugh when he mocked Christine Blasey Ford at a Mississippi rally the previous week.

“Well, there were a lot of things happening that weren’t correct, they weren’t true, and there were a lot of things that were left unsaid,” Trump told host Jeanine Pirro. “It was very unfair to the judge. . . . So I evened the playing field. Once I did that, it started to sail through.”

This is mostly nonsense. Once Senator Jeff Flake of Arizona had forced the FBI’s reinvestigation of Ford’s sexual-assault allegation, Kavanaugh’s confirmation hinged on the FBI findings and the votes of three Republican senators: Flake, Susan Collins of Maine, and Lisa Murkowski of Alaska.

The president’s comments mocking Ford, meanwhile, were singularly unhelpful. Collins called them “Just plain wrong.” Flake: “It was appalling.” Murkowski: “Wholly inappropriate.” Even Senator Lindsey Graham (R., S.C.) said he thought the president should “knock it off.”

Nor did Kavanaugh’s nomination “sail through” after that. Instead, the headwinds got stronger, the water choppier, and the sharks hungrier.

As Trump chummed the water, his nominee was rescued by a team of RINOs. It was Flake’s FBI gambit, Collins’s sense of decency and decorum, and the steely determination of Majority Leader Mitch McConnell that got Kavanaugh confirmed. (Remember when Steve Bannon was declaring McConnell Public Enemy No. 1 of MAGA Nation?)

Trump cheerleaders could use a reminder of why Kavanaugh was the nominee in the first place. Trump’s Supreme Court list — brimming with GOP legal-establishment types, of whom Kavanaugh is the crown prince — was imposed upon him by skeptics who feared he might nominate someone like . . . Judge Jeanine Pirro.

But so much is forgotten, left behind in the locker room as Trump and team celebrate on the field. The president, who deserves conservative praise for picking Kavanaugh off the Federalist Society’s menu and for sticking by him, is claiming and getting undue credit for the win. The fact is, the president — himself repeatedly and credibly accused of sexual misconduct — was largely a hindrance in the fight. And he’s now doing further disservice to the new justice and to the Supreme Court by holding up Kavanaugh like a partisan trophy, as he did Monday at a White House swearing-in ceremony that verged on becoming a pep rally.

Such gloating and total war is the new statesmanship. Ryan Williams, the president of the Claremont Institute, argues that the Kavanaugh battle retroactively vindicates Michael Anton’s famous “Flight 93” argument of 2016: that the presidential election was a “charge the cockpit or you die” moment for American conservatives. Now, Williams says, the middle has collapsed, the parties are pulling farther apart, and it’s Flight 93 for as far as the eye can see.

The Left largely sees the situation this way, too. In the wake of their failure to destroy Kavanaugh, Democrats and liberal activists insist they must “fight dirty,” as political scientist David Farris argues in his book, It’s Time to Fight Dirty. Liberals have convinced themselves that Democrats lose because they are too nice. This, not ironically, was exactly the view conservatives such as Anton held about the GOP in 2016; many voters rallied to Trump on the grounds that “at least he fights.”

Stormy Daniels’s grandstanding lawyer, Michael Avenatti, is auditioning to be the Left’s counter-puncher. In response to the GOP’s Kavanaugh win, he tweeted, “When they go low, we hit harder. There is far too much at stake for any other approach.” Never mind that it was Avenatti’s harder-hitting allegations that steeled the GOP’s resolve to keep Democrats from railroading Kavanaugh.

There are other echoes of 2016 on the Democratic side. Many now flock to the banner of “socialism” the way the Bannonites rallied for nationalism. And both sides are doubling down on identity politics — Trumpists rushing to the defense of men, and leftists calling out white women who don’t toe the line as “gender traitors.”

This is how we got here. It will get worse because there are no incentives to be better. It won’t end well either, but at least it will feel familiar.

© 2018 Tribune Content Agency, LLC

Jonah Goldberg, a senior editor of National Review and the author of Suicide of the West, holds the Asness Chair in Applied Liberty at the American Enterprise Institute.

Most Popular

White House

Another Warning Sign

The Mueller report is of course about Russian interference in the 2016 election and about the White House's interference in the resulting investigation. But I couldn’t help also reading the report as a window into the manner of administration that characterizes the Trump era, and therefore as another warning ... Read More
World

What’s So Great about Western Civilization

EDITOR’S NOTE: The following is Jonah Goldberg’s weekly “news”letter, the G-File. Subscribe here to get the G-File delivered to your inbox on Fridays. Dear Reader (Redacted: Harm to Ongoing Matter), One of the things I tell new parents is something that was told to me when my daughter still had that ... Read More
Film & TV

Jesus Is Not the Joker

Actors love to think they can play anything, but the job of any half-decent filmmaker is to tell them when they’re not right for a part. If the Rock wants to play Kurt Cobain, try to talk him out of it. Adam Sandler as King Lear is not a great match. And then there’s Joaquin Phoenix. He’s playing Jesus ... Read More
White House

The Mueller Report Should Shock Our Conscience

I've finished reading the entire Mueller report, and I must confess that even as a longtime, quite open critic of Donald Trump, I was surprised at the sheer scope, scale, and brazenness of the lies, falsehoods, and misdirections detailed by the Special Counsel's Office. We've become accustomed to Trump making up ... Read More
U.S.

Supreme Court Mulls Citizenship Question for Census

Washington -- The oral arguments the Supreme Court will hear on Tuesday will be more decorous than the gusts of judicial testiness that blew the case up to the nation’s highest tribunal. The case, which raises arcane questions of administrative law but could have widely radiating political and policy ... Read More