The Daily BS • Bo Snerdley Cuts Through It!
The Daily BS • Bo Snerdley Cuts Through It!

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DAILY RUSH HOUR: They wanted Alito to say ‘Trump.’ He kept saying something bigger.

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They wanted Alito to say “Trump.” He kept saying something bigger.

Justice Samuel Alito did something on television that has become surprisingly unusual: he answered the question he thought mattered instead of the question the interviewer seemed to want answered.

Alito was talking about the Supreme Court, the pressure being applied to it and what happens when political leaders begin treating justices as if they are merely partisan actors in robes. His point was broader than one president. The interviewer kept trying to steer him back toward Donald Trump. Alito kept saying the problem was bipartisan.

That interested me because the television habit is familiar by now. A guest starts making a larger argument, and you can almost see the preferred headline waiting just off camera. The interviewer wants the quote that fits the day’s political narrative. If the answer is more complicated than that, keep asking until it gets simpler.

But Alito wouldn’t simplify it.

He acknowledged that Trump has been harsh in his criticism of the Court. He also said Biden and his administration were harsh. When pressed about Trump describing certain justices as part of his political movement, Alito answered plainly that the justices are not part of any political movement and are supposed to interpret the Constitution and apply it to the cases before them.

That is not a dramatic answer. That’s why I liked it.

We have become so used to every institution being shoved into a red jersey or a blue jersey that neutrality itself now sounds suspicious. If a justice rules in a way conservatives like, the left calls him political. If the same justice rules against conservatives, parts of the right suddenly discover judicial activism. Everybody wants the referee to be independent until the call goes against their team.

Alito’s warning was about that broader erosion. He said there has been a concerted effort to intimidate the Court and influence how justices decide cases. He also defended the Court as an institution that, while imperfect, remains fundamental to the constitutional structure and the rights Americans enjoy.

That seems worth taking seriously even if you disagree with him on half the cases he has ever decided.

The Supreme Court is not supposed to be another cable-news panel. It isn’t supposed to decide cases based on polling, hashtags or whether the president currently occupying the White House approves. That is the point of giving federal judges life tenure in the first place: sometimes they are expected to tell powerful people no.

And powerful people generally dislike being told no.

Alito also briefly discussed the Dobbs leak and said he has an opinion about who was responsible but doesn’t believe the available evidence is strong enough to publicly identify anyone. That wasn’t new enough to build a whole column around, but I appreciated the principle behind the answer: suspicion is not proof.

We could use more of that principle almost everywhere.

Not every disagreement proves corruption. Not every ruling proves partisanship. Not every unanswered question requires somebody on television to invent an answer before the commercial break.

Rush understood this media reflex very well. He taught people to listen not only to the answer, but to the premise buried inside the question. Sometimes the most revealing part of an interview is watching somebody refuse to accept the premise being handed to him.

That was what struck me about Alito. The interviewer wanted to know whether Trump was the problem. Alito’s answer was essentially: Trump is part of a problem that is bigger than Trump.

That’s a less convenient answer. It may also be the more useful one.

Meanwhile, Karolos had his own institutional crisis to manage: fantasy football.

I asked who was winning his matchup with Philip. “For now, it’s Phil,” Karolos said, while making very clear that there was still a Monday-night game and therefore history had not yet been written. His players had been getting hurt, but some technical malfunction in the fantasy system had apparently hurt Philip too, improving Karolos’ chances.

I summarized the situation: his path to victory depended partly on Philip’s misfortune.

Karolos replied that in fantasy football, you always count on the other guy’s misfortune. That’s how you win.

I called it a life lesson.

Maybe it is. It certainly sounds like Washington.

But there’s an important difference.

Fantasy football really does have teams.

The Supreme Court isn’t supposed to.

Maybe everybody should stop demanding that the justices pick a jersey.

— Bo


Rush Hour airs Monday through Friday and moves quickly through the day’s hottest political stories, breaking developments and media absurdities. It is the fastest hour in American media because there is always more happening than the legacy media has time—or desire—to explain.

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