In fact, here in the States, the justices on the court are celebrities, the objects of hate and/or adoration depending on your political views. Heck, I spotted a hagiographic book about Sonia Sotomayor in the kids’ section of my local library the other week. Meanwhile Ruth Bader Ginsburg is such an icon that Hollywood made a film about her life, starring an actress from one of those rubbish Star Wars films Disney has been making, and you can even buy Catholic-style candles with her face on them instead of a saint. Really.
Politicised judiciaries are a symptom of polarised politics; when nobody can agree on anything, a handful of unelected people in robes step in. Already I have heard fantasies about tossing Johnson in jail if he refuses to pursue a Brexit extension. But this is just the start.
Now that the judges are wading into politics, prepare for immense acrimony. You will see more lawfare, as people try to take down governments they dislike through the courts. You will learn the names of the judges. You will discover how the judges are appointed. Newspapers will start to dig into their political affiliations. You will learn whether they ever wore blackface, about the bar fights they instigated at UB40 concerts in the 1980s, and you will see them attacked and vilified by politicians on the Right and Left.
You will wish you could go back to the old days, when judges were old folk in curly wigs.
3. OK, but what about the legacy of John Bercow? At least Parliament is more powerful now, right?
Attitudes to the actions of the Speaker in the ongoing parliamentary shenanigans serve as a Brexit Rorschach test. If you’re for Remain, then his interpretation of the rules is a pretty butterfly, if you’re for Leave, it’s a dead dog with its head split open by a meat cleaver.
Regardless, the glee felt by Boris-haters may well turn out to be short lived. For while it may feel empowering to delay Brexit, and to force him to submit a letter to the EU asking for an extension, it is evident that Parliament has no strategy other than to humiliate and torment the PM. It is also obvious that the leader of the opposition is afraid of an election as he thinks he might lose. After all, Boris is not exactly collapsing in the polls.
But the larger and most obvious point is that Bercow’s innovations, cooked up in the heat of Parliament’s nervous breakdown will — like the politicisation of the judiciary — have all kinds of consequences further down the road. Here in the US we tend to be a little more straightforward, but blowing up tradition can still backfire, and quickly. In 2013, when the Democrats grew tired of Senate Republicans blocking Obama’s executive and judicial nominees they didn’t discover new possibilities in old rulings, but rather exercised the “nuclear option” by simply changing the existing rules, lowering the threshold for approval from 60 votes to 51. Hey presto, they could now get their nominations through the Senate.
It felt good at the time, but a precedent had been set, and the Republicans under Trump would soon go further and apply the same reduced threshold to Supreme Court nominations. Enter stage right Brett Kavanaugh, who, because he could not be blocked by the Democrats in the Senate, had to be destroyed by other means. And yet, today he sits on the bench regardless. The Democrats lost.
And so it is that one day the new rules of Parliament laid down by Bercow will be used against some of those celebrating them now, and there will be much wailing and gnashing of teeth when it does happen.
4. This future you’re talking about is totally depressing. Is there anything I can do about it?
No. The bitterness, the rancour, it runs deep, and shall abide.
What do I do, out here in my hyper-polarised future? Well, I don’t watch a whole lot of news, as the news that matters finds me anyway. I don’t do social media. I do read poetry, and visit state parks with my family, and listen to music. Recently, for instance, I got through all ten of Mahler’s symphonies, plus Das Lied von der Erde. That was nice.
Well OK, there is at least one bit of good news. You live in the UK, and whenever the UK attempts to copy something the US is doing, it always comes out a bit crap. Think about those giant strip malls in American cities, vast and filled with restaurant chains, gyms, cinemas and shopping options. Transplant them to Britain and what do you get? Maybe a bowling alley and a McDonald’s next to a car park on the outskirts of Basildon. Our version of hyper-polarisation will likely be a slightly more feeble imitation of the American original.
But that small comfort aside, I recommend that you settle in, and make yourself comfortable. You are in it for the long haul.
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SubscribeI was full of internal stress while reading this, then when you got to the bit about ignoring the news, travelling & listening to music as a remedy to the madness, I eased up with a sigh of relief. There really is nothing that many of us can do, other than to bypass the crazy entirely. I hereby commit that I shall read a newspaper only once a week to keep tabs on things in general, and other than that, I’m opting out. It’s a dank & miserable rabbithole otherwise, it seems.