Nicholas Bagley

In my columns and on this show over the past few years, I’ve argued that to achieve the goals liberals hold most dear, we need a liberalism that builds. A liberalism that builds everything from multifamily housing and mass transit systems to transmission lines and solar farms. And we need a liberalism that can build it all quickly, cheaply and effectively. But even in the places where liberals have governing power, they are often failing to do exactly that. Why? Nicholas Bagley is a law professor at the University of Michigan, the former chief legal counsel to Gov. Gretchen Whitmer and the author of a fascinating paper called “The Procedure Fetish.” In it, Bagley argues that liberals — liberal lawyers in particular — have helped hobble the very government they now need to act swiftly and decisively. It’s easy to see how conservatives have strategically used a thicket of procedures and paperwork to slow down government, but what Bagley shows is that liberals too have been complicit in that project — to the detriment of many of the very causes they hope to advance. So this is a conversation about what I’ve come to think of as the divided soul of American liberalism — one that simultaneously demands big government action while also constantly acting to restrain it. We also discuss the importance of the administrative state, what liberals often fail to understand about government legitimacy, how corporate interests end up “capturing” government agencies, why Bagley thinks that American politics broadly and the Democratic Party in particular have a “lawyer problem,” how government paralysis helps fuel the rise of right-wing populists like Donald Trump, what it will take to restore Americans’ trust in government, the problems with the public interest legal movement, how progressives are getting in the way of their own decarbonization agenda and more.

In recent weeks, America got a preview of how the new Republican House majority would wield its power. In attempting to perform a basic function of government — electing a speaker — a coalition of 20 House members caused Kevin McCarthy to lose 14 rounds of votes, decreasing his power with each compromise and successive vote. This is not normal. Party unity ebbs and flows, but the G.O.P. in recent decades has come apart at the seams. Nicole Hemmer is the director of the Carolyn T. and Robert M. Rogers Center for the American Presidency at Vanderbilt University, an associate professor of history and the author of two books about the conservative movement and media ecosystem, “Messengers of the Right: Conservative Media and the Transformation of American Politics” and “Partisans: The Conservative Revolutionaries Who Remade American Politics in the 1990s.” And she says we can’t understand the current G.O.P. without understanding when, where and how these dynamics began. We discuss why the Cold War bonded Republicans as a party, how the 1994 Republican congressional victory inaugurated a new era of intraparty fighting, how Rush Limbaugh’s rise created a new market for far-out ideas and new pressures on conservative politicians, why conservative media has had so much more sway than liberal media over grass-roots voters, how the business model of Fox News differs from that of MSNBC and what kinds of political ideas those businesses produce, how the G.O.P. is now caught between the pincers of the donor class and the grass roots, when the chief Republican enemy became the Democratic Party, why more moderate conservatives have become so weak and more.