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There’s something telling in one of the text messages that was released that the Fox News hosts sent to Mark Meadows on January 6. Laura Ingraham said, “This is hurting all of us.” What you have is this group dynamic on Trumpism where part of the appeal, actually, is they’re all in this together, they’re really all in this movement.

One of the reasons why it’s so hostile toward dissent is, I think, they know their own vulnerability. I think they know that they’re vulnerable to a better vision.

So one of the reasons why people who are “never Trump” politicians, or politicians who once supported Trump now don’t support him anymore, are so viciously attacked is because these people are the threat. Because they offer an alternative conservative vision for this country that is not based on hatred and animosity and aggression and cruelty. They offer an alternative to the J.D. Vance version, which says, “I think our people hate the right people.”

An alternative version of conservatism says, “There are no right people to hate. You don’t hate people. You believe what you believe out of conviction that this is a worldview and a set of policies and ideas that contribute to the flourishing of all of the American people, not just your tribe, and your goal is not to pit American against American.”

There is a vision and a version of conservatism that stands in total contradiction to what the Trumpist right is. I think it still has appeal, and it’s one of the reasons why there is such aggression directed at those who dissent. Because they have memories, most of them except the very youngest, they have memories of a different version of conservatism, one that could motivate people through inspiration rather than aggression, and they know they’re vulnerable to it.

So my optimistic take is that if enough conservatives, enough conservative politicians, enough conservative public intellectuals, enough conservative pop culture figures offer this alternative, don’t expect some mass American repentance. But some mass Republican turning away from Trump is very, very possible, and it’s the very possibility of that which makes the aggression of the other side seem so urgent and necessary to them.

To hear the rest of the conversation, click here, and be sure to subscribe to Vox Conversations on Apple Podcasts, Google Podcasts, Spotify, Stitcher, or wherever you listen to podcasts.

Crafting policies to encourage people to have more children is difficult and expensive, as country after country has learned. That’s why for nations like the US that have historically boosted their population with immigration, encouraging more migrants is likely the fastest and most resilient way to keep population growth vibrant.

But while last year marked the first time in US history that net international migration added more people to the population than net births, the number of people moving to America has still fallen drastically over the last several years, from over 1 million in 2016 to fewer than 250,000 between July 2020 and July 2021. That’s a function of both Trump-era immigration restriction policies and the lasting effects of the pandemic. Reversing that decline should be a national priority, and one that, unlike increasing births, is absolutely within reach.

We may have averted the dystopian, crowded future prophesied in books like The Population Bomb or films like Soylent Green (the latter, featuring a world so overpopulated that dead bodies are converted into food, set in none other than the year 2022). But a good future is still an abundant one — and that should include people as well.

A version of this story was initially published in the Future Perfect newsletter. Sign up here to subscribe!

  1. United States (1989), that “in our increasingly complex society, replete with ever changing and more technical problems, Congress simply cannot do its job absent an ability to delegate power under broad general directives.”

    Other cases urged the judiciary to defer to federal agencies even when the statute authorizing an agency was unclear about whether a specific regulation was permitted. The reasons for this deference, as the Court explained in Chevron

  2. Natural Resources Defense Council (1984), were two-fold.

    “Judges,” Justice John Paul Stevens wrote in Chevron, “are not experts” in the complex policy areas where agencies regulate. So they are more likely to make unwise decisions if allowed to substitute their own judgment for those of an agency leader.

    Additionally, “while agencies are not directly accountable to the people, the Chief Executive is.” Thus, “it is entirely appropriate for this political branch of the Government to make such policy choices.” If an agency makes a bad decision, the voters can punish the president for that decision at the next election. But if a court does so, the public has no recourse.

    But decisions like Mistretta and Chevron are out of favor with the current Supreme Court. Beginning in the Obama administration, the conservative Federalist Society grew obsessed with proposals to strip federal agencies of their ability to regulate. Its annual convention became a showcase of ideas to disempower these agencies, many of them championed by conservative, then-lower court judges like Neil Gorsuch and Brett Kavanaugh.

    Not long after Gorsuch and Kavanaugh became justices, the Supreme Court signaled that it had five votes to gut decisions like Mistretta and Chevron and to give the judiciary a sweeping veto power over any federal regulation.

    And now the parties challenging the Biden administration’s vaccination policies ask the justices to exercise that veto power in order to kill those policies.

    How vague legal doctrines become a weapon wielded by judges

    As the Supreme Court grew more hostile to the earlier era’s deferential, pro-democracy approach, it invented new doctrines or revived long-dead ones that could be used to block rules that the justices do not like.

    The “Nondelegation Doctrine,” for example, claims that there are strict constitutional limits on Congress’s power to delegate power to federal agencies. This doctrine would come as a huge surprise to the framers — as law professors Julian Davis Mortenson and Nicholas Bagley explain in an important paper, the first Congress gave federal agencies expansive authority to govern federal territories, to issue patents, to regulate trade with Native Americans, and to exercise other broad powers. But at least five of the current justices nonetheless support the Nondelegation Doctrine.

    According to Justice Gorsuch, nondelegation requires judges to strike down any federal law delegating authority to a federal agency if that law does not put “forth standards ‘sufficiently definite and precise to enable Congress, the courts, and the public to ascertain’ whether Congress’s guidance has been followed.”

    Similarly, a handful of mostly recent decisions rest on the “Major Questions Doctrine,” a judicially created doctrine that limits federal agencies’ power to solve significant problems. As Justice Antonin Scalia wrote in Utility Air Regulatory Group v. EPA (2014), “we expect Congress to speak clearly if it wishes to assign to an agency decisions of vast ‘economic and political significance.’”

    The striking thing about both of these doctrines is that, like the OSH Act and the federal law governing Medicare regulations, they are quite open-ended. The Court has never adequately explained just how “definite and precise” a statute must be to survive contact with the justices. Or what constitutes a matter of “economic and political significance.” Or how “clearly” Congress must “speak” if it wants to delegate such matters to a federal agency. The doctrines are vague enough to justify striking down — or upholding — nearly any federal regulation.

    But, unlike the OSH Act and the Medicare statute, neither of these doctrines have any democratic legitimacy. They cannot be found in any statute, and Gorsuch relies only on dubious history and vague provisions of the Constitution in his opinion advocating for nondelegation.

    The thrust of decisions like Chevron and Mistretta is that, when judges are unsure how to resolve a difficult legal question, they should err on the side of the elected branches. Good governance requires expertise, and it requires government officials to make difficult moral decisions. So we should want these decisions to be made by experts who are accountable to an elected official.

    Doctrines like nondelegation and major questions, by contrast, turn this reasoning on its head. They presume that an elected Congress cannot be trusted to delegate important powers to expert agencies, and that an unelected judiciary must step in to prevent those agencies from making important decisions.

    This is not democracy. It is a decision to replace the judgment of men and women elected to make life-and-death decisions with the views of a few unelected lawyers.

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