https://www.wsj.com/articles/collateral-damage-of-a-smear-campaign-harlan-crow-clarence-thomas-texas-real-estate-americana-discourse-interview-75c89213?mod=opinion_lead_pos5
American politics lately feels like an endless game of—pardon the infelicitous word—delegitimation. The aim isn’t to convince voters that a political adversary is wrong or misguided, or even that he’s stupid or lying. It’s to assure the like-minded that he has no legitimate place in the public square and to drive him out if possible.
The habits of delegitimation have become so familiar that it’s easy to forget how antidemocratic they are: political correctness and, more recently, cancel culture; the invention of “phobias”—homophobia, Islamophobia, transphobia—to characterize dissent as mental illness; the wanton attribution of racism, misogyny, fascism and white supremacy; and of course the easy insinuation that any political figure of whom one disapproves is guilty of crimes.
The politics of delegitimation arose on the political left, an inheritance of 20th-century collectivist ideologies that saw no legitimacy in the liberal capitalist regimes they aimed to overthrow. But sizable segments of the American right now indulge in it, too. Donald Trump rose to power by treating his adversaries exactly as they treated him, and indeed as they had treated George W. Bush: as de facto illegitimate. Mr. Trump’s claims that Mexican-American judges have no right to rule against him, or that President Biden’s election was fraudulent, may be false. But they aren’t unique.
The impulse to delegitimate is at its ugliest any time a Republican president nominates a judge to the Supreme Court. During their confirmation hearings all of the current court’s conservative justices, with the partial exception of John Roberts, were accused of engaging in disreputable behavior or of holding opinions so bizarre and regressive as to disqualify them from service. In the stated views of their critics, these judges weren’t just wrong; they were bad.
Now that the court’s conservatives have a tenuous 6-3 majority despite the efforts of their defamers, the work of delegitimation has broadened to sitting justices and the court itself. Some recent headlines: “Supreme Court Term Begins Amid Questions about Its Legitimacy” (Washington Post), “Is the Supreme Court Facing a Legitimacy Crisis?” (New York Times), “The Supreme Court Is Fighting Over Its Own Legitimacy” (CNN). These and similar stories are manifestly intended to precipitate the “legitimacy crisis” they pretend to report.