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Democrats Bring “Rule or Ruin” to the Supreme Court

Posted on Thursday, May 19, 2022
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Supreme Court

AMAC Exclusive – By Daniel Berman

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
jocko
1 year ago

libs = CANCER AND ARE THE ENEMY OF OUR NATION

Harry
Harry
1 year 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?

Phillip Ridenour
Phillip Ridenour
1 year 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
WILLIAM MCKENZIE
1 year ago

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

Joel
Joel
1 year ago

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

Becky
Becky
1 year 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.

Granky
Granky
1 year 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
Hal
1 year 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
Darius Medina
1 year 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
lawrence greenberg
1 year 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…

johnh
johnh
1 year 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.

johnh
johnh
1 year 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.

Philip Hammersley
Philip Hammersley
1 year 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
Jannine
1 year 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.

Tim Thompson
Tim Thompson
1 year 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.

Tim Toroian
Tim Toroian
1 year 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
anna hubert
1 year ago

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

Zoe Frost
Zoe Frost
1 year 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
Linda
1 year 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
Morbious
1 year 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.

CoNMTX
CoNMTX
1 year ago

That is the focus of the demo/Marxist party. To get America into the one-world government, military, & economy. Eventually, it will be run by the antichrist. The demos have to intention of forming anything that resembles free will. They want total control of the people and monitor everyone all the time. Since they are Godless Globalists, they will stop at nothing including killing whoever and as many as they please.

Gregg H Lambert
Gregg H Lambert
1 year ago

MauMaubama’s incontinent mouthpiece has already dismissed the GOP as part of the process, anyone bright enough to pound sand knows the goal is One Party Rule (#obamaricejarret)

jocko
jocko
1 year ago

libs=CANCER

Patriot Will
Patriot Will
1 year ago

The Democrats value ideology and power over rational thinking and freedom. To them, even cheating is preferred over honest voting practices, as long as the policies and the practices of the woke elite are preserved at all cost. Since the Democrat leaders pretend to be always in the know as to what is good and what is bad, even the Constitution and our Constitutional Republic is ripe for harvesting, or should we say shredding. To the Democrats, their lust to do what is right is foremost, while the American citizens right to free and fair elections are a very distant second.

D.P.
D.P.
1 year ago

What all this boils down to for me is “definition of terms.” If you don’t like the term, redefine it and operate from that redefined premise. If you do not agree with MY definition of terms, then you are patently wrong and should be discounted if not simply dismissed. That is how I see the liberal dems and there approach. As long as you can argue “definition of terms” you can continue to slip your agenda under the door…..sneaky at best, criminal at worst. My question remains, why? Why does seem that conservatives and repubs just don’t understand or seem to be able to counter this ploy?
Every branch of government is at risk here…..nationally and on the state and local level….across the board. People need to wake up….especially the “conservative” elected leaders and act….enough rhetoric.

Rik
Rik
1 year ago

The Supreme Court will never be the same unless the “Leaker” is identified and prosecuted within the full extent of the law! . . . An example must be made and the message must be sent that that this perpetrator be vilified completely!

Steve Weidert
Steve Weidert
1 year ago

Trump will win again. The Demon-Rats are in for a rude awakening. I just hope they haven’t destroyed the Country by then.

Veteran
Veteran
1 year ago

The left doesn’t really care about winning, they care about ruling. In 2020 President Trump campaigned to win, he drew in large crowds by the mega arena stadiums full, he appealed to the people, he was standing on a platform he had built over the previous four years; a platform of promises kept. Biden and his handlers did not really campaign, as he hid in his basement, and at the few events he held he had “crowds” that could not even fill a Denny’s parking lot, he was relying on a platform of billionaires’ money like Steyer, Bloomberg, Soros, relying on Zuckerbucks, Dominion Voting Machines, and at least 2000 Mules, he even bragged on live TV about having “… created the largest, most inclusive voter fraud organization in American history…” which was promptly rejected as dementia talk (why would anyone vote for a demented President?), it was probably the last time in his career he actually told the truth. Biden and his posse don’t care about voter approval, as his actions and ratings show, they only care about ruling. They don’t care about constitutional process but organizing, and power. The Left is not out to participate in the competition for voter approval, or the electoral process of our system of the Constitutional Republic, they want to overtake it, rule, and do away with voter participation, their goal is to rule not please the citizens and provide security, stability, a decent life, and freedom. As it stands now the choice is not Left, or Right, the choice is Wrong, or Right, Slavery, or Freedom. The original party of slavery wants their slaves back and a much larger plantation, time to tell the Democrats that all the money un thecworld isn’t going to buy them what’s not for sale. Vote in the midterm election, if it’s a gigantic tsunami of votes, even they don’t get to cheat their way into office. This is a no Republican, no Independent sitting it out election, close margins, or overwhelming odds only encourage more fraud. Vote, as if your life depends on it, because it does!

J. Farley
J. Farley
1 year ago

They may bring Rule of Ruin to the Supreme Court for now but if the Americans every get a firm get on their ears, and get their heads fully extracted the Republicans might have control of Washinton D.C. for a Hundred Years. Well at least we can hope.
God Bless America, and God Bless You!

Ronald H Dunkle
Ronald H Dunkle
1 year ago

The reason we have the 2nd amendment is to overcome repressive government!! IT’S TIME TO SHOW THE LEFT WHAT GUN CONTROL IS!!!!

Mic J Palazzolo
Mic J Palazzolo
1 year ago

There is no such thing as an intellectual elite.

Hal Lemoyne
Hal Lemoyne
1 year ago

The damned neverTRUMP democrat party are trying to bring their damned evil demise of ruin

to our honorable US Supreme Court of Justices if they can’t have it their very evil way

Stephen Russell
Stephen Russell
1 year ago

Leak will effect future cases

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