The right’s stealthy coup

By E.J. Dionne Jr.,
WashPost
Published: April 1

Right before our eyes, American conservatism is becoming something very different from what it once was. Yet this transformation is happening by stealth because moderates are too afraid to acknowledge what all their senses tell them.

Last week’s Supreme Court oral arguments on health care were the most dramatic example of how radical tea partyism has displaced mainstream conservative thinking. It’s not just that the law’s individual mandate was, until very recently, a conservative idea. Even conservative legal analysts were insisting it was impossible to imagine the court declaring the health-care mandate unconstitutional, given its past decisions.

So imagine the shock when conservative justices repeatedly spouted views closely resembling the tweets and talking points issued by organizations of the sort funded by the Koch brothers. Don’t take it from me. Charles Fried, solicitor general for Ronald Reagan, told The Washington Post’s Ezra Klein that it was absurd for conservatives to pretend that the mandate created a market in health care. “The whole thing is just a canard that’s been invented by the tea party . . .,” Fried said, “and I was astonished to hear it coming out of the mouths of the people on that bench.”

Staunchly conservative circuit judges Jeffrey Sutton and Laurence Silberman must have been equally astonished, since both argued that overturning the law would amount to judicial overreach. Yet moderate opinion bends over backward to act as if this is an intellectually close question.

(More here.)