Slow-Motion Repeal

Several bloggers have noted the extremely important change in practices with respect to civil rights enforcement at the DOJ. To repeat a point I made before, for the most part it’s true that the major programs of the New Deal and Great Society are safe even under single-party Republican rule. When it comes to Social Security, where the government just sends out checks, this is enough. But legislation like the Civil Rights Act (and the Clean Air Act) requires significant resources and mobilization to enforce. The executive branch has a huge impact on how such legislation is applied on the ground, and it is possible to gut the legislation without actually repealing it.

And, of course, this is what’s important about Alito’s hostility to plaintiffs in civil rights and other discrimination cases. Conservertarians have a perfect pincer movement that allows progressive legislation to stay on the books, but 1)doesn’t provide the resources to enforce it, and 2)makes it harder for individuals to mobilize the laws themselves. It’s very important to be clear about what’s at stake, in both elections and Supreme Court appointments.