Why Won’t Democrats Fight?

A tale of two judges.

Emil Bove, soon to be sworn in as a judge on the U.S. Court of Appeals for the Third Circuit. (Photo by Kevin Dietsch/Getty Images)

1. Asymmetry

Two news items from the judiciary this week illustrate our post-liberal moment:

First, on Monday, Pam Bondi’s Department of Justice filed a misconduct complaint against Judge James Boasberg.

Second, last night the Senate confirmed Emil Bove to a lifetime appointment on a federal appeals court.

We’re going to unpack these episodes in order to understand the new rules of power and ask what, precisely, Democrats are prepared to do in response.

The nub of the question is: If Democrats regain power, are they prepared to go to war to unwind the authoritarian progress Trump has made? Would a Democratic president fire Kash Patel as director of the FBI? Would a Democratic Congress remove Emil Bove from the bench? Would a Democratic administration dismantle ICE and prosecute the federal agents who broke the law?

And if the answer to each of these questions isn’t ABSOLUTELY YES, then what is the point of the Democratic party at this moment?