Right now, the GOP position in what we’ve been loosely calling negotiations is that they are putting nothing on the table and asking Democrats to essentially unwind the legislative gains they only managed to enact at great struggle last year. And the kicker is that Democrats will apparently need to provide as many as 100 Democrats to participate in the great negation of their own accomplishments. That’s right: House Speaker Kevin McCarthy can’t even count on the support of his own caucus to get this dumb deal over the line. But he will have no need to feel humiliated if Democrats volunteer to hold the bag on his behalf.
It’s pretty incredible how quickly we’ve slid from “Biden vows not to repeat Obama’s mistakes” to “Sorry, but we need 100 Democrats to send this bladder of rancid cream to the Senate.” It’s one thing to meekly cave; another thing entirely to offer your own gravedigger to take a turn with the spade.
Democrats are about to confirm that it’s OK for the GOP to govern in this fashion. Where is the limit? What can’t the GOP ask for, in exchange for avoiding default? And will Democrats, when they find themselves with the power to take the debt ceiling hostage, hold it hostage to advance key Democratic priorities over the objection of a Republican president? If this is to be the only possible way of governing going forward, I’d want to know now if Democrats have the stomach for it.
Because I don’t think they do. Biden is said to be balking at the idea of invoking the Fourteenth Amendment to unilaterally disarm the debt ceiling; there is no small amount of concern that should he try this maneuver, it would be the conservative majority on the Supreme Court who might get the final say. The long and checkered history of the Supreme Court primarily runs in the direction of promoting corporate hegemony above all other concerns, so I’m not fully convinced there are five Supreme Court votes to destroy the economy, and I’m not alone in this regard.
But this is all beside the point. If Democrats are willing to concede that the high court might go so far as to destroy the global economy to thwart Joe Biden, then they need to ask themselves: How shall we govern if all roads lead to the depredations of the Roberts court? Biden will be the one to determine whether Democrats spend the next two decades cowering in fear of what the Supreme Court might do. And as The American Prospect’s Ryan Cooper explains, that’s no way to run a country: “A sensible president would not be preemptively conceding the Court’s authority in this area. They would be attacking its legitimacy, and preparing—as Franklin Roosevelt did in a similarly dire circumstance—to disobey it.”
This matter needs to be quickly resolved. Because while you might be able to get enough people to vote in the next election for enough Democrats to hold enough seats in Washington to cast enough votes to avoid future debt ceiling showdowns, there’s no easy way to change the makeup of a 6–3 conservative Supreme Court majority. And if we’re already of the mind that this majority will merrily destroy the economy just to thwart a Democratic president, then what won’t they be willing to do? Why should we suppose that Democrats, even if they were somehow able to earn a filibuster-proof trifecta, would be permitted to govern at all by this donor-funded, far-right superlegislature in baggy robes?
All of which is to say that the rules in Washington might be on the verge of radical change. We are nearing the Rubicon. The formula by which liberal governance is effectively outlawed in the United States is coming into view, and if too much is given away to Republicans today, then they’ll only come back tomorrow with more radical demands. If Democrats do not intend to take a stand now, when do they plan to do it?
—Jason Linkins, deputy editor