Sage Advice for the Democrats

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The New York Sun

The best advice the Democrats are getting as the battle over the next Supreme Court justice looms is coming from David Leonhardt of the New York Times. He reckons President Trump’s nominee is “overwhelmingly likely to be confirmed regardless of what actions Democrats take.” He disputes Senator Elizabeth Warren’s advice that the nomination is “the fight of our lives.” Rather, Mr. Leonhardt argues, “the great political fights are still ahead.” The battle, he predicts, will take place on the hustings.

Sage advice, if you ask us, and not just for the Democrats. Our Ira Stoll has been banging this drum for years, warning against relying on the Supreme Court to sort out the great policy issues. In that sense the song that Mr. Leonhardt is singing makes a universal point. It’s a reminder for the Democrats that the defeat they fear in the high court can open a door to a more productive way forward. For Republicans it’s a reminder that winning the coming confirmation fight would be no time to get complacent.

It’s not our purpose here to dismiss the Article III courts. Some of the greatest advances in American life have been triggered by the Supreme Court. These include, say, school integration. That, though, was a unanimous decision that, we would argue, lagged public sentiment. Attempting to hand down by Supreme Court fiat a right to birth control and then abortion poisoned our politics for generations. The era when courts could do that might be coming to an end, a point well-made the other day by Daniel Henninger.

If it turns out that Mr. Leonhardt is right that Democrats will be unable to stop Mr. Trump’s nominee to replace Justice Kennedy, the point he makes is as relevant to Republicans as to the opposition. Better on all these social issues — and many other questions before the Nine — to win the battle through the ballot box and state and national legislatures. They are ideal venues for sorting out complex issues and produce a more amicable result. Given our recent history, the GOP ought to cherish this point.


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