https://amac.us/newsline/national-security/team-bidens-lose-lose-approach-to-the-border/
Give the Biden administration credit: If there is one skill they have demonstrated time and again, it is an aptitude for identifying the strategic low ground in political confrontations, and then positioning themselves so that they consistently fight their battles from that ground. That has once again proven to be the case in their recent confrontation with Texas over the ongoing historic border disaster.
Democrats, and their allies in the media, will be quick to assert that the Biden administration has the law and Constitution on its side, having secured a narrow 5-4 Supreme Court Decision allowing the federal government to remove border barriers constructed by Texas. This is technically true, but the political value of the Court’s ruling is dubious.
While Joe Biden would like to be Abraham Lincoln or even Andrew Jackson in a new sectional crisis, his moral and political position is weaker, largely as a result of his own actions.
Leaving aside how both Lincoln and Jackson have been cancelled on the left, it’s worth noting that Joe Biden and the Democrats have gone out of their way for years to suggest that the Supreme Court as an institution is not and should not be the final say on constitutional questions. They have also argued that Supreme Court decisions are purely political.
It will be difficult now for Democrats to generate a crusade in defense of a Court they themselves have disparaged, especially when the deciding vote in the Biden administration’s favor in this case was cast by Amy Comey Barrett, who Democrats insist was illegitimately appointed. Exclude her and the balance is 4-4, with Texas’ position sustained.
In short, the Biden administration’s efforts to justify itself on the basis of defending the rights of the Supreme Court place it at odds with the rest of its messaging, messaging it is likely to resume later this year if the Court overturns Chevron deference or issues any number of other rulings liberals are sure to be outraged about.
Similarly, it is far from clear that Democrats want to go to war, figuratively, on the principle of federal supremacy and power. Prior to 2016, many Democrats allowed themselves to believe that they would always control the levers of federal power, and it is clear that for at least some Democrats the Trump presidency did not disabuse them of the notion.