A cultural liberalism that took this line would be no less militant, obviously, but it would be a lot more clear-eyed about its actual situation vis-a-vis its present foes. For instance, it would be able to see that far from ushering in the Republic of Gilead, yesterday’s high court ruling at most placed a modest limitation — and, if I and others are reading the tea leaves in Anthony Kennedy’s concurrence correctly, possibly a very modest limitation — on a recent and significant liberal victory: That is, it didn’t even roll the clock back to 2009, let alone to 1959, and it’s quite possible that the ultimate impact on insurance coverage will be identical to what would have happened had the justices had ruled the other way. Such a liberalism might also be able to see that the larger pattern I wrote about yesterday, in which the Supreme Court has become a frequent refuge for religious conservatives rather than just their reliable bete noir, is itself partially the result of liberal gains in the political and cultural sphere, which have reduced religious traditionalists to making the kind of defensive appeals to liberty and pluralism and minority rights that tend to end up adjudicated in the courts. And such a liberalism would take ownership of its own ascendance and take more responsibility for (and pride in!) its own aggressions, rather than perpetually crying “theocracy” whenever its advance is interrupted.
Why doesn’t this self-aware social left show up (save in sharp, undeluded blog posts like Drum’s) more often? Well, a few reasons. First, political mobilization depends on a sense of victimhood, grievance and looming apocalypse, so no matter the correlation of forces on a given issue you can be sure that the professional agitators on both sides will have an incentive to inculcate solidarity by insisting that theirs is the heroic, hard-pressed side about to be crushed by a ruthless opposition. (See Christmas, the War on, and other extravaganzas of fauxpression, for examples from the rightward end of the spectrum.)
Second, political mobilization also requires a certain amount of ignorance, willful in some cases and cynically inculcated in others, in which the inevitably-complicated details of legal controversies (you see, the Religious Freedom Restoration Act says …. YAWN …. actually, Hobby Lobby already covers most …. zzzzzz) get boiled down to slogans fit for Twitter and cable shoutfests, and no nuancing counterpoint is allowed to be considered.
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