Mark Thiessen took a victory lap in the Post this afternoon, congratulating himself and his fellow travelers for succeeding in their 50-year project to make abortions illegal in most of the US:
Overturning Roe v. Wade has been the overarching, seemingly impossible goal of the pro-life movement for almost five decades. Now that it has finally been achieved, four words should be on the lips of every pro-life conservative today: Thank you, Donald Trump.
Looking back on Trump’s chaotic presidency, some understandably ask: Was it all worth it for a few conservative justices? To which I answer: Yes. A thousand times, yes.
Every Republican president before Trump failed miserably when it came to Supreme Court picks. In 1970, Richard M. Nixon nominated Harry A. Blackmun, who would go on to be the ignominious author of Roe. Gerald Ford picked only one justice, John Paul Stevens, who became the leader of the court’s liberal bloc. Ronald Reagan had three appointees (Sandra Day O’Connor, Antonin Scalia and Anthony M. Kennedy), but only Scalia was a consistent conservative vote on the court. George H.W. Bush named one brilliant conservative (Clarence Thomas) and one catastrophic liberal (David Souter).
But as Josh Marshall points out, the reason Republican presidents didn't pick partisan Justices in the past—at least until Thomas—was because they didn't want to corrupt the Court:
Certainly the Warren Court was “liberal” by modern standards. But its creation was fundamentally organic. The justices’ positions didn’t clearly line up with those of the parties’ whose presidents nominated them. Indeed, many of the appointments were surprisingly casual and confirmed in much the same way.
The idea that you would create a political movement, harnessed to one political party, dedicated to building up a pipeline of future judges and justices, often all but created in a test tube to overrule specific decisions, was an innovation of the modern conservative judicial movement with no precedent. It had never happened before. And even as judicial liberals have belatedly reacted to that movement, they haven’t replicated it or really even tried.
And here is something of the catch. Conservatives really did convince themselves that the Warren Court and to an extent the Burger Court were the handiwork of a liberal political elite. As is the case in other instances, what’s actual belief or pretended belief gets murky. They claimed to set out to duplicate or create an opposite version of something that had never really existed. And in so doing they created the politicization of the federal judiciary that had never existed before, not in the same way.
At one level, give them their due. They had a goal. They worked tirelessly for half a century, building organizations, think tanks, chapters at every law school, political alliances and more all to get to this one day. And they got there. But it is a legitimate Court or judicial body as much as Fox News is a real news organization. And that’s no accident since they are the creation of the same political movement, often literally the same people and the same ideology and mindset.
So when Justice Thomas, one of the most partisan jurists ever to sit in the Supreme Court, bemoans the degradation of the institution and its authority, someone tell him to look in a mirror. By creating a partisan, activist Court majority, the Republican Party has won the battle against Roe. But I think historians in the future will look back on this moment as the Christianist-Conservative movement's sinking of the Lusitania.