Conservatives are wrong to gloat about Kavanaugh

The confirmation of Brett Kavanaugh as an associate justice of the Supreme Court is a conservative victory of generational proportions. It is the capstone of a decades long project to fundamentally change the judicial branch of the government in ways that can open heretofore locked doors on abortion, affirmative action, gun rights and religious freedom.

There is every reason for those on the right — like me — to celebrate. But there are also some very good reasons to keep those celebrations quiet, respectful and dignified.

Unfortunately, they haven’t been. Senator John Cornyn tweeted about drinking “#Bubbly4Brett,” while Senator Lindsey Graham told the world he wasn’t “tired of winning.” And that’s to say nothing of right-wing pundits, who are cheering the liberal tears caused by Kavanaugh’s confirmation.

One reason a muted and conciliatory approach is advisable is that the Supreme Court, unlike the elected branches of government, exercises its power not through control of the purse or the military, but through the faith of the American people. If that faith is sufficiently shaken, the most vital check Americans have on elected power could be shattered, and the Democrats are not without options to capitalize on it.

There are already calls from the left to pack the court should Democrats regain control of Congress and the presidency. Such a maneuver would, in effect, transform the Supreme Court into a third elected branch of the federal government, instead of a nonpartisan guardian of the Constitution. Moderation from conservatives could go a long way toward tamping down calls for such an extreme measure.

The concern that millions of Americans will, thanks to the controversial confirmation of Justice Kavanaugh, now see the court as illegitimate surely weighed heavily on the decisions and actions of Sen. Jeff Flake and Sen. Susan Collins, whose votes ultimately got Kavanaugh over the finish line.

Flake’s call for an F.B.I. investigation infuriated many conservatives but was, in retrospect, clearly meant to secure Kavanaugh’s legitimacy as much as his confirmation. Likewise, Collins’ speech on the floor of the Senate, while a resounding defense of Kavanaugh’s record and the presumption of his innocence, also showed deference and decency to Christine Blasey Ford, whose testimony the senator from Maine called, “sincere, painful and compelling.” These words stood in stark contrast to President Trump, who callously mocked Ford’s allegations at a political rally last week.

The difference between Collins’ and Trump’s remarks reveals a deep tension within the Republican Party today. Trump’s bullheadedness and bluster has arguably led to many of the big wins he promised. But it has also divided the nation and left moderate conservatives in a difficult position. They refuse to mimic his behavior, as Graham has in recent weeks, but they realize that refusing to join in pushes them farther from the new center of conservative power.

They are right to resist. Joining the frat party might be fun in the short term, but it will gut any small remaining claim the G.O.P. has to Romney-like dignity or McCain-like duty to serve all Americans.

Whatever one believes about the allegations leveled against Kavanaugh, it is clear that millions of Americans are in real pain. The widespread feeling that the voices of women are being ignored — once again — is leading to a rage that many on the left are increasingly embracing as the necessary counter to Trump-era conservatism.

The anger on both sides has already shut down communication and compromise among our politicians. Now it threatens the ability of average Americans to talk to each other.

The task for conservatives in the wake of these ugly two weeks is not to point and laugh, but to show care and compassion that may build trust in Kavanaugh and the court among those who so bitterly and sincerely opposed him. There is plenty of blame for the tribalism in our country to go around. Ending it, however, is a task best undertaken by the side that is winning.

David Marcus is The Federalist’s New York correspondent.