The filibuster repeal itself is ultimately far less important than some deeper trends it reflects concerning partisanship, institutional norms, and the separation of powers in our constitutional order.
The Gorsuch nomination battle illustrates and exacerbates the dynamics of democratic deterioration. Reversing these trends will require elected officials to act with courage. It will also require significant structural changes to our political system.
Niko Bowie argues on Take Care that the Supreme Court's recent warnings against appointments of "unfit characters" and "family connection" may be relevant to legally dubious Trump Administration appointments. Leah Litman and Dan Deacon explain that the judicial backlash to President Trump's revised entry ban is standard judicial practice in response to extraordinary events. And the Chief Justice of California used her State of the Judiciary Address to critique President Trump's immigration policies.
Experts questioned whether Judge Neil Gorsuch would provide a robust check on President Trump if confirmed to the Supreme Court and whether Obama-era legal precedents will provide dangerous latitude to the new administration.
The Trump administration is engaged in stunning constitutional hypocrisy. Measured against conservatives' professed commitment to "liberty" and "freedom," there is no serious distinction to be drawn between Obamacare and Trump's American Health Care Act.