Some conservatives weren’t thrilled in the Reagan-era, but not in the overwrought way on display today.

The gist: Republicans don’t seem to have any satisfying path forward for carrying out their typical obstruction of a Democratic president’s SCOTUS nominee. So they’re tossing their outrage into a tired bucket: Whoever President Biden chooses as his pick to replace retiring-Justice Stephen Breyer will be a Radical Left Activist! The only discernible reason for this assumption is weird and racist: Biden today reaffirmed his campaign vow to appoint the first Black woman to the Supreme Court during his presidency, if the opportunity arose. It has.

And in a 50-50 Senate, Republicans are aware there’s not much they can do to Merrick Garland their way out of handing Biden a Supreme Court appointment win — Sen. Lindsey Graham (R-SC) admitted as much mere hours after Breyer’s retirement news broke yesterday. And so, instead, they’re getting a head start on the party’s 2022 messaging, vowing that Democrats will PAY in the Midterms … for doing exactly what Trump did three times during his presidency (i.e., part of his job).

The most important thing about the federal judiciary today is that it has been thoroughly corrupted by the judicial right. But there are other important things. And one of them is the capture of the federal judiciary by the elite legal academy. There was a time in our history when it was expected and frequent for elected politicians to be placed on the Supreme Court. Indeed, some of the best and most influential justices came out of the political world.

I confess I’m as much entertained as surprised that Madison Cawthorn’s lawyer is taking this tack to defend his standing to serve in the House of Representatives. James Bopp Jr., a storied right-wing power lawyer, argues that Congress already issued a blanket amnesty to all insurrectionists back in 1872. So Madison is good to go in terms of serving in Congress. Bopp is granting — at least for the sake of argument — that Cawthorn did commit insurrection. It amounts to saying: ‘Congress already absolved young Mr. Cawthorn back during the Grant administration for any insurrections he might do. So whether he committed a rebellion against the United States last January is moot.’