Protecting Rights Threatened by Clarence Thomas

Today on TAP: The House took the first step yesterday. Will the Senate screw up a sure thing?

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Justice Thomas handed Democrats a grenade for use against Republicans when he wrote in his concurring decision in the Dobbs abortion case that the Supreme Court could also reverse three earlier decisions overturning criminalization of sodomy, allowing same-sex marriage, and even permitting contraception.

I suggested in this June 27 post that here was an invitation for Democrats to write legislation making these broadly supported rights statutory, and thereby jamming Republicans—to either alienate their hard-core base or scare away normal voters.

Yesterday the House took the first step, passing the coyly titled Respect for Marriage Act, which codifies the Court's 2015 Obergefell decision protecting same-sex marriage. The strategy of splitting Republicans worked beautifully.

The bill passed, 267-157, with 47 Republicans in support. The GOP leadership was divided, with Republican Leader Kevin McCarthy of California and Republican Whip Steve Scalise of Louisiana voting no, but the No. 3 Republican, Elise Stefanik of New York, and Representative Tom Emmer of Minnesota, the GOP campaign committee chairman, voting in favor.

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Even better, as my colleague David Dayen pointed out, several Republicans facing close re-election races in swing districts voted no. This strategy is a template for 2022. Democrats should move other legislation codifying basic rights under threat by the current court, as well as measures popular with voters such as bills to drastically cut drug costs, and dare Republicans to vote against them.

All of this moves the 2022 midterm elections to a terrain where Democrats can win, and takes the spotlight off things like gas prices and Biden's personal popularity. It reminds voters just how extreme most Republicans are.

But never underestimate the Democrats' capacity for screwing up a sure thing. The Respect for Marriage bill still requires Senate action.

Divisive Republican record votes would be extremely helpful in Wisconsin, where the far-right incumbent Ron Johnson is vulnerable in a tight election; Johnson would likely vote no. And in another close Senate race, North Carolina, the Republican candidate is a House member, Ted Budd, who voted no yesterday.

But Senate Democratic Leader Chuck Schumer, speaking on the Senate floor, delayed action, saying, “I spoke to Senator Baldwin, who is one of the leaders of this legislation in the Senate this morning, and she is talking to Republicans to see where the support is. I want to bring this bill to the floor, and we're working to get the necessary Senate Republican support to ensure it would pass.”

Oh, Chuck! The point is not to assure passage before bringing it up. The point is to put Republicans on the spot. Even worse, Democratic Senate Whip Dick Durbin said, “We have more priorities than we have time.”

Seriously? What is the matter with these people? Talk about snatching defeat from the jaws of victory.

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