Eyes on the Prize

Nothing concentrates the mind like the prospect of an imminent hanging. This sentiment has been attributed to both Samuel Johnson and Mark Twain. The Supreme Court's Dobbs decision earlier in its last term, the culmination of decades of activism by the anti-abortion lobby, energized the abortion rights side and resulted in several mid-term election losses for Republicans. Whether the outrage of some voters over this issue will continue to have a bearing on the coming election remains to be seen. I believe that the presidential immunity ruling last Monday may have a similar effect, hopefully on a larger number of voters. The Right has been trying to convince the public that although the decision has the immediate effect of giving Trump protection in his many legal cases, it is in fact critical that Presidents be free from fear of prosecution when making decisions and therefore it is in the interest of the country. You may recall an earlier post (Caesar's wife, 10/2/21) about the importance of credibility of public institutions. It would not be an exaggeration to say that the public's trust in SCOTUS is lower than ever given the steady drip of revelations about the conduct of its members. The justices' refusal to subject themselves to the Judicial Code of Conduct and the acceptance of personal favors to the tune of hundreds of thousands of dollars by Justice Thomas from "a friend" who happens to have an interest in cases before the Court are just two instances of issues that have cast a shadow on the Court's reputation. Justice Kavanaugh, in his opinion for the 6-3 majority in Snyder v United States, actually drew a distinction between a bribe and a gratuity and whether it was given and accepted before or after the "service" was provided, in defending the decision upholding the acceptance of payment in cash or kind by government officials. Speeding up or slowing down the handling of different cases to favor Trump's prospects in the election and in his legal cases has similarly raised doubts about the impartiality of Chief Justice Roberts - remember his claim at his Senate hearing that he would be like a baseball umpire, calling balls and strikes as he saw them? Is anyone surprised that the public's trust in the Court is at an all-time low? Fortunately, while the Court's rulings cannot be challenged, we the People still have the power of the vote and the final say in who runs the country and appoints federal judges.

I think we can agree that the "prize" is keeping Trump from returning to the White House. Given the Supreme Court's rulings it appears unlikely that he will suffer the consequences of his misdeeds in the form of jail time. Personally, I don't care whether he goes to jail or not. His re-election, though, would be equivalent to a hanging for most of us and that prospect should focus our attention on the prize. All other issues - taxes, guns, abortion, immigration, the economy, even a doddering Biden in a second term - must take a back seat to keeping Trump from returning to power, in my opinion.

And that brings us to the elephant - or is it the donkey - in the room. I am referring to the hand-wringing among Democrats about President Biden's fitness to run a campaign, win re-election and serve another term following his pathetic performance in his debate with Trump. Biden asserts that he is not only up to the task but is the best man for the job. It is true that voters have had their say in the primaries and potential Democratic hopefuls had the chance to challenge him. Also, he is entitled to his opinion and only time will tell if this is the sage judgement of a seasoned old hand or foolhardiness, confidence or fatal hubris. True, by then it may be too late. But this is also true - anything that looks like the Democratic party machine orchestrating a do-over in response to panic over one setback will further undermine confidence in the system, re-enforce Trump's claims of fixed elections and play into his hands. Democrats must decide which is the greater risk in this election with so much hanging in the balance. I have been promoting boldness since my post of 4/11/24, and I feel Democrats must choose between boldness and timidity. I am not saying Biden will not have more "bad days" between now and the election and I am not predicting a Biden victory. Boldness would mean resisting the urge to react in a panic; timidity would mean succumbing to it. Imagine the contrast between the Democratic Party sticking with their voters' choice in spite of grave misgivings and Republicans unable to stand up for basic principles of decency because they are afraid of Trump and his MAGA base. Voters are smart enough to see the difference, if the choice is framed in those terms.

The only realistic way for there to be a change at the top of the ticket is for the President to leave the race of his own accord. This does not appear to be in the cards with Biden saying he would only drop out if the Almighty told him to do so. I would say divine intervention is unlikely and a Biden exit will therefore inevitably ignite speculation about behind-the-scenes manipulation of the election process even if there was none. Also, a Biden exit will lead to an ugly and chaotic free-for-all that will only mean a black eye for Democrats.

Bottom line, difficult times call for toughness and clear thinking, not panic and wishful thinking.