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Open up the tired eyes


Thoughts on Breyer’s retirement announcement:

(1) I was told last week by somebody in the know that this was likely to happen. Today this same person tells me that an important component of Breyer’s decision and its timing is the nonsense that’s gone down at the SCOTUS in the last few weeks, specifically the handling of the Texas abortion litigation, and the mask kerfuffle. (Good job Neil Gorsuch!).

(2) The big question of course is whether the GOP’s evil but not-insane wing, led by Master of the Dark Arts Mitch McConnell, will take this as an opportunity to score cheap bipartisan comity points with the ever-clueless “liberal” establishment, by going along with the inevitable.

The answer to this question, of course, turns largely on whether the inevitable continues to look truly inevitable. Will there be the conservative equivalent of your typical “as a liberal Democratic law lady I vouch for Justice Kavanaugh’s brilliance and car pooling skills?” Again, there will be some of that iff the nomination looks like a fait accompli.

This in turn brings us to

(3) I’m putting the odds of a fake scandal, and probably a fake sex harassment scandal, erupting over the nominee as “much higher than all but the most cynical observers think.” For example I see some cult zealot or three claiming that the nominee made him/them “uncomfortable” in some amorphous way, by [insert bizarre and totally unverifiable or refutable set of accusations here]. Listen to me now and believe me later is what I’m saying. Everything with these people is payback, plus a lot of them are genuinely crazy.

(4) Of course none of this matters if every Democrat senator makes it absolutely clear at all times that they are voting for the nominee. If that happens, all the bullshit from the Scream Machine — and there will be a lot, starting with “whispers” about how this woman of color just isn’t very smart, because you know how affirmative action works — won’t be able to get traction. But if there’s anything less than a consistent united front (looking at you, Krysten), look out.

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