Abortion / Election Coverage / Government Watch / Politics

Democrats Bring “Rule or Ruin” to the Supreme Court

AMAC Exclusive – By Daniel Berman

Supreme Court

Several months ago, I wrote that a large segment of the intellectual elite of the Democratic Party has adopted a “rule or ruin” approach to an American Constitutional process that they no longer view as legitimate. In their own minds, inherent aspects of the American system of government such as the existence of the Senate, the Electoral College, and even the First Amendment are not neutral principles, but unjust impositions that they previously accepted as a gracious concession as long as they could win within them. If they concluded they could not win and were faced with the choice between transforming themselves into a force that could win within the American system or abandoning our traditional system entirely, they would choose the latter.

This process has only been intensified as conservatives have for the first time in nearly a decade begun to use the power of the state to assert themselves in the cultural realm, previously a near-exclusive domain of the left, and as the Supreme Court, which previously guarded liberal advances against electoral backlash, appears poised to relinquish that role by reversing Roe v. Wade and returning abortion to the people.

Whereas last year, the arguments we heard from the left against the American system focused on the “undemocratic” nature of the Senate, which supposedly prevented Democrats from passing their legislative agenda, now those same theories are used to suggest that the Supreme Court itself, with justices appointed by a president selected by an “undemocratic” electoral college, and confirmed by that same Senate, is illegitimate. If court packing was a liberal fantasy in 2020, it increasingly looks like disobeying Supreme Court rulings the left disapproves of will be litmus test for many liberals going forward.

The above is a tweet from Vox’s senior legal correspondent, and the author of The Agenda: How a Republican Supreme Court is Reshaping America. It encapsulates the “rule or ruin” view Democrats have taken toward the Supreme Court quite aptly. Republicans winning indicates the failure of democracy. Democrats retaking power would mark democracy’s restoration. Hence, if Republicans were to win the 2024 elections, and continue winning, it would mean the end of American Democracy.

Millhiser might argue that what he refers to is not Republicans winning elections per se, but rather the Republican Party enacting laws such as preventing absentee voting without IDs or preventing Mark Zuckerberg from spending hundreds of millions to influence the administration of local elections. But those points are subjective. These Republican reforms are defined as threats to democracy not because either reform is undemocratic, but because they are perceived as making it less likely for Democrats to win. Hence successful efforts to enact these measures  are attacks on democracy.

In my earlier piece, I suggested that having declared the “popular vote” the only source of legitimacy, Democrats are committed to refusing to recognize any Republican candidate who wins an electoral college majority without winning more votes nationally. Furthermore, having defined voter suppression as anything which may cause Democrats to perform worse, any popular vote victory by a Republican can clearly be ascribed to “voter suppression.” The result is a situation where any scenario other than one in which a Democrat is inaugurated on January 20th, 2025, is illegitimate and undemocratic.

Now, Democrats have extended the same arguments to the Supreme Court following the unprecedented leak of a draft opinion from Justice Samuel Alito suggesting that the court was set to overturn Roe v. Wade. While some older liberals expressed doubts about the origins of the leak, suggesting it might even have come from a conservative source seeking to “lock in votes,” this sort of subtle deflection was overwhelmed by the eagerness with which much of the Democratic Party declared Roe and abortion sacrosanct. The decision was an assault on “Stare Decisis” and all tactics, including violent protests at the homes of Supreme Court justices which sent their families into hiding were justified to protect claimed constitutional rights.

It is interesting what Democrats did not base their outrage on; namely, a defense of Roe on its merits. Here, it is unclear what their complaint with Alito precisely was. No less an icon of the liberal judicial tradition than Ruth Bader Ginsburg declared in 1992 that “Roe v. Wade, in contrast, invited no dialogue with legislators. Instead, it seemed entirely to remove the ball from the legislators’ court.” As late as 2013, she lamented that “My criticism of Roe is that it seemed to have stopped the momentum on the side of change,” and would have preferred if abortion had been determined by state legislatures. Yet when Justice Alito in the draft termed Roe “egregiously wrong,” the left declared this an attack on the constitutional system, with implications that he had lied to senators about upholding precedents, an absurd position when even Ginsburg shared his view.

Rather, Democrats based their real objections to the Alito draft on “democratic legitimacy” present and past. In the present, they have been quick to trumpet polls purporting to show widespread support for keeping Roe even if in those same polls majorities favor the same sort of 15-week ban on abortions that is pending before the Court. As for past legitimacy, Democrats suggest that the problem is not whether Roe is legitimate but rather whether the Court itself is. Here they revive all of their “rule or ruin” arguments about the Senate and Electoral College. Democrats argued that despite having “won the popular vote” only once since 1988, Republican presidents have appointed six of nine justices. As the left now does not approve of the system by which the Court was chosen, their recognition of it has been contingent on it doing what they wished. When it no longer did so, they decided they were entitled to withdraw their support.

Just as with their denigration of the Electoral College and the Senate, the Democratic assault on the Supreme Court raises the question of just what, precisely, they intend to do about it. Having insisted to everyone, including their own voters, that the Supreme Court is not just dangerous, but illegitimate, what is their plan to fix it? If it is truly illegitimate, how can a plausible Democratic majority with enough votes to overcome or eliminate the filibuster allow it to remain on democratic grounds? If it is actively harming people by stripping them of their “rights,” then how can they govern when it retains its power of mischief? Would that not be a betrayal of the voters who elected them?

One of the great strengths of the United States Constitution was always that Americans saw elections as mandates to change leaders, not the system. An incumbent president or party being defeated for reelection was a vote of no confidence in those politicians, not in the Constitution itself. In turn, the victory of the incoming officeholders was not a mandate to destroy the system. With the new Democratic party, that will no longer be the case. By their own rhetoric, Democrats have ensured that any future Senate majority they might win will be won by candidates denouncing the Supreme Court as illegitimate and harmful, and they will therefore be faced with a mandate not to pass laws, but to either destroy the illegitimate system or betray their voters. While one might hope they will choose the latter, the experience of Biden, whose failures are already being ascribed not to the failure of his policies but to his failure to implement them (a new “stab in the back” myth featuring Joe Manchin and Kyrsten Sinema along with the Supreme Court) may mean future Democrats will seek to avoid any further betrayals. If so, Democrats will have intellectually transformed into a revolutionary party.

Millhiser asked in his tweet what the prospects were for U.S. democracy after 2024. The answer is that they will be a whole lot brighter, and the prospect of competitive elections a whole lot more likely, if Democrats behave as a loyal opposition. On the contrary, win or lose, the future for Democrats and U.S. democracy itself is a whole lot less bright if they dedicate themselves to a revolutionary path of rule or ruin.

Daniel Berman is a frequent commentator and lecturer on foreign policy and political affairs, both nationally and internationally. He holds a Ph.D. in International Relations from the London School of Economics. He also writes as Daniel Roman.  


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jocko
6 months ago

libs = CANCER AND ARE THE ENEMY OF OUR NATION

Harry
6 months ago

The summer and fall of the year needs to see The left stopped, so far the right has not been seen or heard from only fundraising. If they get away with reversing the Supreme Court decision there will be many deaths to save it, because they have committed the same to us! There is no honest law and order left, the FBI, DOJ, IRS and Homeland Security have all been armed and militarized against us by the commie left. It also has the armed and dangerous BLM and Antifa, the military arm of the left. It’s not time to sit and watch. This whole downfall of the country was planned by the left to include big business, the Media snd people like Soros. Many Of these people are the people who tried to overthrow Trump , so they won’t hesitate to go for us. Trump always said. It’s not he they are after, it’s you/ that being us! Ready to fight to retain your freedom?

Bill on the Hill
6 months ago
Reply to  Harry

” It’s not me they are after, it’s you, I’m just standing in their way. ”
Bill… :~)

Phillip Ridenour
6 months ago

In one sense, Conservative ideas ARE an attack on democracy. Democracy is mob rule, and the Founders saw that and gave us a constitutional republic instead. If Conservatives prevail in November then we will be one step closer to conserving our republic, and one step closer to destroying democracy. A good thing, no?

WILLIAM MCKENZIE
6 months ago

Actually, the Marxist US Democratic Part RUINS whether they rule or not. The do NOTHING BUT ruin. Period.

WILLIAM MCKENZIE
6 months ago

Party

Joel
6 months ago

It’s the swamp! Why do you think they did everything they could, even rigging a national election, to destroy Trump?

WILLIAM MCKENZIE
6 months ago
Reply to  Joel

Worse than that, the Marxist US Democratic Party and Deep State murdered millions all over the world with a bioweapon and relinquished world domination to the CCP in order to destroy Trump and steal power in the USA. IMO.

PIDL
6 months ago

There you go spouting a conspiracy theory.

But the more that comes out about this, the more questionable the situation becomes.

Covid was just a tool to ease the stealing of the election.

Dominion machines were internet capable. This is only one lie they told us. But how can we believe anything the left tells us about the election when we know they lied to us once already? Isn’t the saying “Lie to me once, shame on you. Lie to me twice, shame on me”!!!!

And that is to say nothing about the mail in ballots and stuffing ballot boxes.

The Democrats knew what they had to do to make it look legitimate. They just had to win a few key states.

Pence should have started an investigation into the machines the day after the election using real software forensic experts. After seeing the vote flip in a Pennsylvania tv election report, that should have been all that was needed to question the validity of the machines.
But it took months of investigation to show what was going on with the machines. Luckily there were insightful people out there smart enough to save machine data before Dominion was able to come in and wipe the machines.

We saw 4 years of BS from the Democrats trying to impeach Trump, which they started before he was even sworn in. And most of that was based on lies that are now being confirmed to by lies, like the Steele dossier and Russian collusion and spying on the Trump election committee, and after he was elected President.

Phillip Ridenour
6 months ago
Reply to  PIDL

You got it. Pence didn’t have to violate any provisions of the Constitution, he just had to act. And he didn’t. Which is why any fund raising mail with his name on it goes directly into the trash can.

Bill on the Hill
6 months ago

I agree 100%…I also received from the RNC a letter with Trump’s name all over it looking for donations to the cause…I ran it through the shredder… Until Rhoda McDaniel’s is out of there as well, the RNC gets NO consideration from me…
I donated ( 3 ) times directly to the Trump campaign back in early 2020, the RNC can go pound sand as far as I’m concerned…I live in the mail-in-ballot state of Vermont, I will drive to the town hall, fill out my ballot & drop it in the box, from there it’s beyond my control…
Bill… :~)

Bill on the Hill
6 months ago
Reply to  Joel

I agree with you, except for one minor point, they did NOT destroy Trump because they stole an election & effectively got Trump out of office… If nothing else, now they got him pissed & rightly so, Trump’s Ultra MAGA & America First agenda along with almost every patriotic GOP candidate running for office that supports America First & got Trump’s endorsement have gone on to WIN their respective races…As POTUS, Trump didn’t have the freedom of movement he now has, I’m trying to point out the positive side of a terrible outcome, i.e. a rigged election in real time…
We as a nation can give thanks to Trump for helping millions of people in this nation to finally open up their eyes to see what has been going on for decades now within the halls of our government…
There is little to zero doubt, the Dems will get a much deserved shellacking come the Nov. midterms…Biden will get impeached, he will finish is one & only term, his VP will disappear back to her corrupt state of CA., as will Pelosi…Presumably 2024 will get us a Republican president, assuming the grand scale of election fraud doesn’t happen again & yes, at this stage, that is a BIG assumption because currently we still have Dominion INTERNET/WIFI counting machines & unsecured drop boxes, until those ( 2 ) items at a minimum are gone, it will be anyone’s guess who actually gets elected to office in this nation in the very near future…
Bill… :~)

Becky
6 months ago

The demonRat Communists have been on this path since 1960. They have no intention of changing.
They want the US destroyed, and always have. They’ve spent decades working toward that goal. The only thing they regret is that their foreign, Communist muslim didn’t finish it off, despite his best attempt go do so.
Dems act as if they want war. I suspect they are closer than they know.

WILLIAM MCKENZIE
6 months ago
Reply to  Becky

Actually, since the 1920’s, my friend. But the Democratic Party has been destroying USA since the inception of the party.

Granky
6 months ago

Am I the only one thinking the reason this administration not only has done nothing to stop protests at the SCOTUS judges homes but has actually encouraged protest is that possibly one or more of the older conservative judges might consider retirement…..or have a fatal stroke or heart attack….or actually be killed. You know how upset the dems would be if that happened……not.

Hal
6 months ago

I’ve said it before, and I repeat, the DemocRats have a passion to RULE, not GOVERN. In order to insure they can do that, they rationalize such things as RIGGING ELECTIONS, CATERING AND LYING TO NEWS MEDIA TO SPREAD THEIR PROPAGANDA, LYING AS TO THEIR PURPOSES BEHIND THEIR POLITICAL ACTIONS, RAISING FALSE DETRIMENTAL UNTRUE CRIRTICISM AGAINST THEIR POLITICAL OPPONENTS, ACTING ACCORDING TO “PARTY FIRST,” NOBODY ELSE SECOND, FEATHERING THEIR PERSONAL FINANCIAL “NEST” AS A TOP SECRET PRIORITY AND ACTION, NEPOTISM TO A DISGUSTING DEGREE, ETC.

Darius Medina
6 months ago

How about arrest these liberals and charge them with treason! They cannot remake the Constitution to suit themselves and further their socialist ideals. So, treat them like anyone who is trying to overthrow our legitimate government.

lawrence greenberg
6 months ago

The Democrat motto: Power and control, at any price, at any cost. If our elections in November are fair and legitimate, the Democrats know they are likely to suffer the greatest mid-term election losses in U.S. history. So you can bet your last nickel that the Democrats have already put into play ar least several schemes to ensure our November elections are anything but fair and legitimate. Since very little has been done to prevent a repeat of what we all know was a massive level of fraud in 2020, the Democrats are likely to focus on that, but rest assured, they have lots of other schemes in play. We are in so much trouble…

PIDL
6 months ago

We need an independent company downloading the software, data, and activity logs in every voting machine at the time the voting is closed. Then a complete forensic investigation to find any issues like internet connection and software updates without proper validation.

I still have not heard a thing about the Pennsylvania TV report showing the votes flipping. This is damning evidence that seems to have disappeared. It has to be saved somewhere.

Just realize this. Microsoft can update your computer on line. They do it all of the time by themselves if one has automatic updates enabled on their computer.

johnh
6 months ago

It is very disturbing to me that the AG or White House have not stopped the protestors that are picketing in from of judges homes. They are breaking a Federal Law. Does the WH realize that they are encouraging criminal acts in USA when they do not enforce their own laws. Someone has to step up & stop these illegal protests before someone is injured. Remember Senator Scalise shot at baseball game a few years ago & if not read the history again.

Becky
6 months ago
Reply to  johnh

It is up to us. Period.
All of our ‘leaders’ are in on this Global Communism takeover.
They will not stop it, prevent it.

FedUp
6 months ago
Reply to  johnh

The AG and Whitehouse WANT the protests. That’s why they are not taking steps to stop them. But, state and local law officials can also arrest people for breaking federal laws. So one has to wonder why Virginia authorities have not acted and arrested the protesters.

Dale
6 months ago
Reply to  johnh

Every time the leftists do anything they bomb the rule of law!

johnh
6 months ago

I guess that I am really in the dark, as Supreme Court is under the 3rd branch of govt. (Legislative) and so I have always thought the justices would rule according to our Constitution & not for any one party. This is all the more reason to stop either party Democrat or Republican from packing the Court. The number of Nine justices should remain intact & unchanged for political reasons.

Anne Weiskircher
6 months ago
Reply to  johnh

johnh, you are in the dark. Here is some info that will help you understand how our government is organized:

How the U.S. Government Is Organized

  • Legislative—Makes laws (Congress, comprised of the House of Representatives and Senate)
  • Executive—Carries out laws (president, vice president, Cabinet, most federal agencies)
  • Judicial—Evaluates laws (Supreme Court and other courts)

In addition, the judicial branch of government is without a doubt the weakest branch. The judicial branch doesn’t have the power to act only to judge and only the executive branch has the choice to carry the judgments or decisions out.

Philip Hammersley
6 months ago

Besides all his good policies, another plus to DJT was he drew ALL the cockroaches and rats out in the open: DIMMs, media, RINOs, and deep state. Before, they tried to hide themselves and pretend to be neutral and harmless. They are full-on haters and destroyers NOW!

Jannine
6 months ago

I’m so tired of how the Dems twist, turn, and contort every last thing. Their intent is clearer now than ever before, destroy and rebuild in such a manner they remain the powerful, ruling, and elite class. They are all so crooked you will have to screw them in the ground when they die.

BAE
6 months ago
Reply to  Jannine

Agreeded! Crooked and corrupt; so tired of their politics…

Tim Thompson
6 months ago

2022 is going to be a pivotal election no doubt. The Democrats in the last 5 or so years have fully come out of the closet about their Marxist approach to government. Power is supreme and them using it to full advantage to make all the government alphabet departments under their streaked control is paramount in what we are seeing today. They are brazen now and proved it when they stole the 2020 election right out from under Trump’s feet. They again pulled every stop out and indeed threw the election to Biden. The deep, deep swamp came into play ignoring legal voters to create thousands of mules who stuffed ballots during the early morning of November 4th to bring forward an outlandish number of votes 81,000,000 million through hook and crook. We have seen investigations into the swing states mostly effected by heavy doses of money given them by Facebook creator Mark Zuckerberg and George Soros. They illegally bought the election which now looks apparent how they did it. Justice hopefully will eventually prevail to see them indicted and go to jail.

Jannine
6 months ago
Reply to  Tim Thompson

The kind of justice that is required is a much higher justice…going to jail, first, isn’t ever going to happen unless each and every Marxist is eliminated from office, and second jail time isn’t enough in my opinion unless it is for the remainder of their miserable lives.

Bill on the Hill
6 months ago
Reply to  Jannine

Try them & hang them in GITMO. Costs less money this way, them dump ’em in the ocean as fish food, assuming it doesn’t poison the fish…
Bill… :~)

Max
6 months ago

Why send them to GITMO, just put them on a plane with enough fuel to the middle of the ocean, dive the plane straight down (remote control), End of story as justice prevails. I know that this is too harsh from the other side’s point of view, OH WELL.

Becky
6 months ago
Reply to  Max

Sounds perfect to me.

Bill on the Hill
6 months ago
Reply to  Max

It could happen flying them to Gitmo Max, either way gets it done, poor fish~
Bill… :~)

PIDL
6 months ago
Reply to  Max

If it runs out of fuel in the middle of the ocean, remote control is not needed! It will crash!

Max
6 months ago
Reply to  PIDL

No, the aircraft could be still glided down with the controls. Better to dive it.

Dale
6 months ago

South Carolina has the firing squad now!

Bill on the Hill
6 months ago
Reply to  Dale

( 49 ) states to go, LOL!
Bill… :~)

Becky
6 months ago
Reply to  Jannine

Hanging. They have earned hanging.

Tim Toroian
6 months ago

They should be reminded to read the second paragraph of the Declaration of Independence and consider it in the context of the second amendment.
I don’t explain this sort of stuff because it will mean much more if read.

anna hubert
6 months ago

The only obstacle to the absolute power is that pesky constitution that will not go away

Hal
6 months ago
Reply to  anna hubert

But the DemocRats implemented the use of the Constitution by rigging an election in order to steal power and maintain a chokehold on democratic governance. Talk about a misnomer …”Democratic Party” has to be the winner!

PIDL
6 months ago
Reply to  anna hubert

Yep. They have to destroy the Constitution. The only way they can do that is by destroying the country and creating a new Constitution of their own. I just hope I am not around to see the war that this causes. But I am quite concerned I will be.

Zoe Frost
6 months ago

Death by 1000 cuts; sums up evil, corrupt Commie Demoncrap traitors attacking our Constitutional Republic they DESPISE…everything the vile pukes touch turns to schiff…by design.

Linda
6 months ago

Hopefully, the Supreme Court will decline this ridiculous request!
The Democrats are scared out of their minds that they might lose control of everything and everyone.
They need to all relocate to a communist regime and leave Americans alone!

Morbious
6 months ago

Rule or ruin is nothing new for the treason party. Look at the sixties, a decade of dem rule. Arguably the three worst things to ever occur post war were vietnam, the great society and the immigration act of 1965. All of these were a result of dem dominance. Nothing new here.

Hal
6 months ago
Reply to  Morbious

The Republicans need to sic their “Id” on them!!!!

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