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As Donald Trump commences his second term in office, he has swiftly begun revealing his choices for key Cabinet positions, eliciting a wave of concern over the qualifications and backgrounds of several nominees. Among the selections are seasoned Republicans like Sen. Marco Rubio for Secretary of State, juxtaposed with highly contentious figures such as Rep. Matt Gaetz for Attorney General.

In the latest episode of Amicus, Dahlia Lithwick and Mark Joseph Stern delved into the alarming scenario of a government potentially populated by conspiracy theorists and individuals with troubling histories. Their discussion highlighted the pivotal role Senate Republicans will play in either facilitating or obstructing these nominations. CBS News' Robert Costa has reported that some GOP senators may refrain from opposing Gaetz's confirmation, despite vocal opposition from party stalwarts like Ed Whelan.

A tweet from Sen. Sheldon Whitehouse encapsulated the sentiment held by some within the party: "Autocrats like to make minions crawl. Gaetz and Gabbard nominations will test Republican senators' willingness to crawl for Trump." This raises the question of which nominee might be deemed unacceptable by Senate Republicans – whether it is Gaetz, Kennedy Jr., or Tulsi Gabbard threatens national security.

Stern expressed skepticism about the likelihood of sufficient defections among Senate Republicans to block any nominee. He emphasized how the protective layers that once curbed autocratic tendencies have significantly eroded since Trump’s first term. Back then, figures like Justice Anthony Kennedy and a less partisan Supreme Court acted as barriers, along with some resistance from Senate Republicans.

Currently, the landscape looks starkly different. The Senate appears poised to acquiesce, with moderate voices either silent or insufficiently forceful in their dissent. Stern pointed to Sen. Bill Cassidy’s tepid response to Robert F. Kennedy Jr.'s nomination for the Department of Health and Human Services as a worrying indicator. Despite Kennedy's controversial anti-vaccine stance, Cassidy reserved his objections, highlighting a concerning trend among GOP members.

The conversation further drew parallels to countries like Hungary and Poland, where ruling parties have consolidated power and diminished institutional checks. The fear is that without assertive opposition, Trump’s more extreme nominees will gain unchecked authority, undermining democratic norms.

Looking back at past events like the Senate’s reluctance to convict Trump after January 6, despite personal threats to their safety, Stern expressed little optimism that senators will now muster the courage to oppose figures like Gaetz. The prevailing sentiment suggests that fears for personal retribution might once again overshadow principled stands against questionable nominees.

As Trump's administration takes shape, the decisions over these appointments are set to test the Senate's capacity to act as a check on executive overreach, determining the fate of governance for the next four years.