Bill Frist’s telecast in which he appears with a clatter (right collective noun? would clangour be better?) of Republican-friendly fundamentalists to denounce filibusters of conservative judges as an attack on “people of faith” is unsurprisingly getting a lot of play in the left-blogosphere. But it strikes me that both this and the bungled Republican attempt to make political hay from the Terry Schiavo case provide open ground for a strong Democratic counter-attack. There’s good reason to believe that Frist’s move is a sign of weakness rather than of strength. If this Washington Post article is correct, Frist is pushing the nuclear option not because he thinks that this is a good issue for the Republicans, but because he fears that he won’t stand a chance of getting the Republican nomination in 2008 unless he has the religious conservatives on his side. Going to war over the filibuster is a very risky manoeuvre. The Republican party tried to use the Schiavo case to drum up public support in preparation for this fight, but it backfired. They now find themselves in the worst of both worlds – a general public which is suspicious of Republican efforts to rig the judicial system, and a conservative base which is fired up, and demanding that the Republicans ram through conservative judicial nominations to prevent anything like the Schiavo case from happening in future.
The way to fight back against this isn’t to make arguments about the corruption of the political process. This is the deeper problem – but it’s an abstract one, and unlikely to resonate. There’s a much more straightforward case against the Republicans. Their attempt to bend the judiciary to their will is really about building the foundations of a state-imposed religion. It’s an effort to impose religious norms on people’s private and family lives. More precisely: it aims to take complex decisions out of the realm of the family, and make them subject to the rule of judges who are expected to kowtow to the whims of lawmakers, regardless of their constitutional duties. The United States of America was founded by Dissenters, Unitarians and others who had fled from the tyranny of state-sponsored religion in Britain. As a result, one of the core American values is freedom of religion, and the maintenance of an open space in which people can pursue their own faiths and beliefs, free of interference from the state.
Every time that Republican legislators start talking about the attack on people of faith, Democrats should counter by saying that Republicans are trying to forcibly shove a state-sponsored set of religious values down people’s throats, and to prevent people from making their own decisions in the light of their own values and beliefs. They should point again and again to the outrageous statements made by DeLay, Cornyn and others during and after the Schiavo case – and use the Schiavo controversy as an example of the sort of decision that Republicans would like to take out of the hands of families, and hand over to judges. There’s a real argument to be made that it’s the Republicans rather than the Democrats who are attacking “people of faith,” by trying to impose a one-size-fits-all set of religious values through rigging the judicial system. It’s an argument that might even appeal to a few Christian fundamentalists, since they’ve been on the receiving end of similar treatment in the past. As Godfrey Hodgson tells us, the current resurgence of fundamentalism in American politics is in part a reaction against efforts by the state to ban home-schooling in an earlier era. The Democrats (I should note that I’m not a Democrat myself, but am on their side in this fight), should be hammering home this argument again, and again, and again.