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Obama on McCain on judges
Here’s Barack Obama’s response to John McCain’s constitutionalism. Now, it’s too much to ask a campaign war room to be thoughtful and nuanced, but notice the revealing emphases--"social and economic justice" and the role of judges to "fend for" "ordinary Americans." I don’t dispute the latter, when constitutional rights are involved, but the Obama campaign--unsurprisingly, of course--is curiously indifferent to that document. And I can’t but note that the first thing mentioned is "a woman’s right to choose." MOJ’s Rob Vischer offers a half-hearted defense of Obama, pointing to this account of this speech. I find his choice unfortunate, not because of the passage upon which he seizes (yes, judges are individuals, and some small percentage of cases will call for an equitable, rather than constitutional judgment), but because of these lines: We know that five men don’t know better than women and their doctors what’s best for a woman’s health. We know that it’s about whether or not women have equal rights under the law. We know that a woman’s right to make a decision about how many children she wants to have and when—without government interference—is one of the most fundamental freedoms we have in this country. The first line alludes to the absolutism of the health exception, an exception big enough to permit any abortionist to perform any abortion he or she wants. The third line endorses abortion as a form of birth control. No wonder this speech isn’t available on the campaign website; it’s too revealing. Actually I can’t resist citing more chunks of this speech. Consider this one: I put Roe at the center of my lesson plan on reproductive freedom when I taught Constitutional Law. Not simply as a case about privacy but as part of the broader struggle for women’s equality. Steve and Pam will tell you that we fought together in the Illinois State Senate against restrictive choice legislation—laws just like the federal abortion laws, the federal abortion bans that are cropping up. Obama’s constitution is about maximizing freedom and equality, regardless of any qualifications or specifications its words might contain, and regardless of the responsibilities given the particular branches. He elaborates this view here, in the passage quoted in the article on which Vischer relies: I think the Constitution can be interpreted in so many ways. And one way is a cramped and narrow way in which the Constitution and the courts essentially become the rubber stamps of the powerful in society. And then there’s another vision of the court [sic] that says that the courts are the refuge of the powerless. Because oftentimes they can lose in the democratic back and forth. They may be locked out and prevented from fully participating in the democratic process. That’s one of the reasons I opposed Alito, you know, as well as Justice Roberts. When Roberts came up and everybody was saying, “You know, he’s very smart and he’s seems a very decent man and he loves his wife. [Laughter] You know, he’s good to his dog. [laughter] He’s so well qualified.”
I said, well look, that’s absolutely true and in most Supreme Court decis--, in the overwhelming number of Supreme Court decisions, that’s enough. Good intellect, you read the statute, you look at the case law and most of the time, the law’s pretty clear. Ninety-five percent of the time. Justice Ginsberg, Justice Thomas, Justice Scalia they’re all gonna agree on the outcome.
But it’s those five percent of the cases that really count. And in those five percent of the cases, what you’ve got to look at is—what is in the justice’s heart. What’s their broader vision of what America should be. Justice Roberts said he saw himself just as an umpire but the issues that come before the Court are not sport, they’re life and death. And we need somebody who’s got the heart—the empathy—to recognize what it’s like to be a young teenage mom. The empathy to understand what it’s like to be poor or African-American or gay or disabled or old—and that’s the criteria by which I’ll be selecting my judges. Alright? Shouldn’t the "broader vision of what America should be" be argued on the campaign trail and enacted in the legislative process, rather than argued on the campaign trail and imposed by judges? For what it’s worth, Rick Garnett responds to Vischer’s argument in ways similar to what I just proposed. I’d say great minds think alike, but I’d be only half right.
 Posted by Joseph Knippenberg | Link to this Entry | Comments [3] | 5/8/2008 7:01 AM
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Limbaugh getting in Obama’s head?
The Obama campaign is basically blaming Rush Limbaugh for their defeat in Indiana. Malicious crossover voters--a term used by former Georgia Congresswoman and light heavyweight boxing champion Cynthia McKinney to explain one of her primary defeats--handed Indiana to Clinton. Henceforth only those pure of heart may vote in Democratic primaries. There will be psychological screening at the door.
 Posted by Joseph Knippenberg | Link to this Entry | Comments [7] | 5/8/2008 6:55 AM
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Linker on evangelical idolatry and purism
Damon Linker indulges himself in a long book review, in which he joins the author in criticizing conservative evangelicals for their overfond embrace of George W. Bush’s America but parts company with him on the apparently all-too-Augustinian (I’d almost say Hauerwasian) standpoint from which he makes the criticism. There’s a certain sobriety in Linker’s argument, but it’s available to Augustinian evangelicals (and, I hasten to argue, Catholics) as well as to the theological liberals and secularists with whom he now keeps company.
 Posted by Joseph Knippenberg | Link to this Entry | Comments [7] | 5/7/2008 10:55 PM
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Regulatory Bureaucracy At Work
From yesterday’s Los Angeles Times: :
Dave Eck, a Half Moon Bay mechanic, had attracted a media spotlight with his fleet of vehicles fueled by used fryer grease from a local chowder house. So when Sacramento called, he figured officials wanted advice on promoting alternative fuels.
Not at all. The government rang to notify Eck that he was a tax cheat. He was scolded for failing to get a "diesel fuel supplier’s license," reporting quarterly how many gallons of grease he burns, and paying a tax on each gallon.
All of a sudden they nailed me for a road tax," said Eck, who drives a Hummer converted to run on vegetable oil. "I said, ’Not a problem. I’ll do my part. But what do I get? At least let me into the carpool lane.’ "
No such luck. The state offered Eck only a potentially large fine -- and not just for failing to pay taxes. He can also get in trouble for carting kitchen grease away from eateries without a license from the state Meat and Poultry Inspection Branch.
Or for not having at least $1 million in liability insurance, in case he spills some of the stuff. Or for not getting permission from the state Air Resources Board to burn fat in the first place.
The regulations are so burdensome that even Gov. Arnold Schwarzenegger, trying to set an example for Californians by driving a Hummer that burns cooking oil he buys at Costco, had not complied. Schwarzenegger . . . was unaware that he was required to send Sacramento an 18-cent road tax for every gallon of kitchen oil he burned, according to spokesman Aaron McLear. After The Times raised the issue, McLear said the governor would pay the taxes he owed.
 Posted by Richard Adams | Link to this Entry | Comments [5] | 5/7/2008 3:42 PM
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The New Democratic Coalition
According to Paul Begala it is "eggheads and African-Americans." Moreover, it is a coalition with which--he asserts--they cannot win. (H/T: Hugh Hewitt) Read the whole transcript from Begala’s exchange with Donna Brazile. Geez . . . talk about bitter!
 Posted by Julie Ponzi | Link to this Entry | Comments [6] | 5/7/2008 12:12 PM
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Huffing and Puffing
John Stossel deconstructs Ariana Huffington’s assertion that she converted to Liberalism because after working with conservatives for so long, she was finally confronted with "the facts." The problem is that Huffington doesn’t really fare so well when she’s confronted with real facts. Her response to them is to confront her interlocutor (Stossel) with a pile of incoherent feelings. In the end, not even Huffington can dance around her inconsistencies, admitting, "There is no question that the fact that I’m living in a big house, I occasionally travel on private planes -- all those things are contradictions. I’m not setting myself up as some paragon who only goes around on a bicycle." Yet Huffington has set herself atop a burgeoning Liberal empire as Queen of The Huffington Post. As Stossel points out, in just three years the site has become one of the most discussed and viewed in Liberal circles. And we are surprised because . . .?
 Posted by Julie Ponzi | Link to this Entry | Comments [5] | 5/7/2008 12:00 PM
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You Call it Rationalization, We call it Nature
A friend sent me this story about why conservatives are more happy than liberals.
Individuals with conservative ideologies are happier than liberal-leaners, and new research pinpoints the reason: Conservatives rationalize social and economic inequalities.
Regardless of marital status, income or church attendance, right-wing individuals reported greater life satisfaction and well-being than left-wingers, the new study found. Conservatives also scored highest on measures of rationalization, which gauge a person’s tendency to justify, or explain away, inequalities.
The rationalization measure included statements such as: "It is not really that big a problem if some people have more of a chance in life than others," and "This country would be better off if we worried less about how equal people are."
To justify economic inequalities, a person could support the idea of meritocracy, in which people supposedly move up their economic status in society based on hard work and good performance. In that way, one’s social class attainment, whether upper, middle or lower, would be perceived as totally fair and justified.
A conservative perspective on this phenomenon might be that it is not healthy to hope that the world can be other than it is. The hope for change, understood as change in the strong sense--the desire to purge the world of tragedy--causes unhappiness. Oh the irony!
 Posted by Richard Adams | Link to this Entry | Comments [9] | 5/7/2008 11:38 AM
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Evangelical Manifesto revisited and revealed
Here’s the website. Will all heaven break loose?
 Posted by Joseph Knippenberg | Link to this Entry | Comments | 5/7/2008 11:20 AM
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What happened yesterday
Jay Cost explains. I’d add that parts of northern Indiana are in the Chicago media market, which ought to have helped Obama. Of course, the bottom line is that Clinton underperformed in the expectations game, and the bottomest line is that even an overperformance on her part probably wouldn’t have made much of a difference in the final outcome.
 Posted by Joseph Knippenberg | Link to this Entry | Comments [6] | 5/7/2008 8:18 AM
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Class warfare in the friendly skies
Our frequent flying friend Jerry Weinberger muses about class consciousness on airplanes. He strikes me as almost a Marxist, albeit of the Groucho variety.
 Posted by Joseph Knippenberg | Link to this Entry | Comments [2] | 5/7/2008 8:15 AM
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Walkin’ from New Orleans?
NLT readers who are members of the American Political Science Association may be aware that our professional association is entertaining a couple of proposals regarding the siting of meetings. In a nutshell, there are some--many?--in the profession who say they’re worried that "states with Constitutional restrictions on rights afforded recognized same-sex unions and partnerships may create an unwelcoming environment for our members in cities where we might meet." If you’re interested in the proposals, you can go to this page, which provides a plethora of information. There’s even a comment box, in which I wrote the following: Both proposals indicate a certain level of hostility to states in which there is exclusive public support for traditional marriage. I don’t think that the APSA should be in the business of taking sides in a political dispute, using its prestige and business clout to punish states and localities whose citizens don’t share the views held-rather intensely-by some portion of the APSA membership. If the Association goes down this path, I can foresee other efforts to take political stands. Will we refuse to convene in states whose citizens passed referenda prohibiting affirmative action? Will there be a move to stay out of states that use lotteries to prey on the gullibility of lower income citizens? Or should the Supreme Court at some point overrule ROE, will some of my colleagues press the APSA to refuse to convene in states that choose to restrict access to abortion?
At some point we cease being a professional association that welcomes and includes the variety of points of view that members hold and become a mere interest group. Both proposals represent an ill-advised step in that direction. I fully expect the APSA to adopt one of the two proposals, which would make it difficult (albeit perhaps not impossible) to hold a meeting in the vast majority of states. But, unlike at least some of my colleagues, I won’t thereby be deterred from entering precincts that would constitute an "unwelcoming environment" for someone who holds my views. For the moment, I’ll just enjoy considering what would happen if regional and state associations followed the lead of the national association. Imagine a Southern or Georgia Political Science Association Annual Meeting held in New York or Boston!
 Posted by Joseph Knippenberg | Link to this Entry | Comments [24] | 5/6/2008 10:39 PM
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Yuval Likes Bobby for VP (Maybe)
Levin dissents from the chorus of conservatives who say Jindal isn’t ready. He, Yuval observes, is "moderately experienced," and that’s better than Obama. His lack of foreign policy experience is no big deal, given Mac’s expertise. And his impressive HHS experience makes him strong where McCain is weak. The real argument against Bobby seems to be something like this: McCain has very little chance of winning; Jindal’s great talents will be wasted in a futile campaign, and gone will the the opportunity for him to display his magnificient, incorrptible excellence by transforming LA. The Republicans have so little young talent that Bobby should be saved for a more promising appearance on the national stage later. We also can’t be sure he’s really ready for prime time; it’s asking too much to put him on the national ticket so soon. To which somone might respond: This is a very important election! Very ideological Democrats are bound to get an iron grip on both the presidency and Congress! Even if the ticket loses, Bobby will be in a position to be the prez nominee next time. Anyway, who else we got?! Desperate or semi-desperate times require the audacity of hope!
 Posted by Peter Lawler | Link to this Entry | Comments [16] | 5/6/2008 10:44 AM
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Fred Likes the Long Campaign
Barnes does well in explaining why the slow road to picking the Democratic nominee has taught us much we wouldn’t know otherwise about the two candidates. It has also may have provided the party leaders with a genuine role in selecting the nominee, if they chose to exercise it. This race has similarities to the last couple under the "mixed" nominating system (some delegates selected by primaries, others selected by party leaders in the states)--the Republican contest of 1964 and the Democrat one in 1968. In both of those cases, the June California primary was crucial. CA made the Goldwater nomination inevitable and, in my opinion, would have made Robert Kennedy’s nomination very likely [We’ll never know, of course]. I also remember CA in those days was decisive because it was winner-take-all. Under the Democrats’ current scheme of hyper-proportional representation, the close CA result in the Goldwater and Kennedy cases would have been utterly inconclusive.
2. Having said that, I really believe that the primaries/cacuses have ended up being conclusive this year for the Demos.
My bold prediction: The polls are more or less right. Clinton wins by 5 in IN and Obama by 8 in NC. Race over, for all practical purposes.
 Posted by Peter Lawler | Link to this Entry | Comments [58] | 5/6/2008 9:32 AM
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Two Cheers for McCain
From what at first glance--but only at first glance--would seem to be an unlikely source. Here’s one of my favorite passages: I don’t doubt that Hillary and Obama are patriots. I don’t even doubt that the upscale secularists who have taken over the Democratic Party are patriots; but theirs is a “soft” patriotism, a patriotism twice diluted, once with the waters of cosmopolitanism, and again with the waters of something tasting of pacifism. McCain, by contrast, is a “hard” patriot, not in the least a pacifist. But isn’t there a danger that a patriot of this stripe will prove to be a warmonger? Yes, some danger. But George Washington wasn’t a warmonger, and neither was Dwight Eisenhower, and neither, I think, is McCain. Retired warriors are willing to fight, but rarely do they yearn for another battle (think of Colin Powell). Read the whole thing.
 Posted by Joseph Knippenberg | Link to this Entry | Comments [56] | 5/6/2008 8:53 AM
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McCain’s judicial philosophy
John McCain is set to speak about his approach to the Constitution. The journalists will focus on the hot button issues that appeal to what the AP reporter is happy to call the "far right." (Is the expression "far left" in her lexicon, and does it apply to groups like the ACLU and PFAW?) McCain will surely say (more than) a few words about these subjects, but will probably give voice also to this position (with which I’m quite happy when it comes to judging): "It’s not social issues I care about. It’s the Constitution of the United States I care about." We’ll see. Update: Here’s the speech, with red meat for judicial conservatives but little for those who want Sen. McCain to embrace an activist social conservatism. To be sure, there’s criticism of the ethereal language of Griswold v. Connecticut and of the steel wool secularism of Michael Newdow, but amidst all the talk about upholding a limited Constitution, there’s nothing about amending it. I didn’t expect it and I’m not really disappointed, as I share Sen, McCain’s view that most of our debates ought to be conducted in the political arena. If there’s anything "unusual" about the speech, it’s that the Justice whose views are closest to the spirit of Sen. McCain’s remarks is Antonin Scalia, about whom he is conspicuously silent. That’s probably the price to be paid for trying to continue to appeal to "independents," not because Scalia should be persona non grata to them, but because his quite reasonable views have for too long been caricatured by those who disagree with him. For more on the speech, read Gerard V. Bradley and this NRO editorial.
 Posted by Joseph Knippenberg | Link to this Entry | Comments [6] | 5/6/2008 8:39 AM
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An Evangelical Manifesto
Word is out that ome prominent evangelicals will engage in some prophetic witness about the prophetic witness in which some of their brethren have engaged. Among the prominent signatories are (apparently) Rick Warren, Os Guinness, and Richard Mouw. Prominent non-signatories include a number of the usual suspects, like James C. Dobson, Richard Land, and Tony Perkins. The manifesto has been embargoed until this Wednesday. I’m sure I’ll have something to say then.
 Posted by Joseph Knippenberg | Link to this Entry | Comments [5] | 5/5/2008 2:16 PM
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Two Observations
1. I’m glad to see Bill Kristol and our Julie getting on board with Bobby Jindal for VP. (And for a pithy and precise summary of his virtues for the ticket, see Ivan the K’s comment on Julie’s post.) My only reservation: I do remember that Bill (I flatter myself without any evidence) followed my lead in talking up Huck, but that didn’t work out so well. A member of my department--a moderate Democrat and no reader of NLT--came in this morning all excited about the McCain-Jindal ticket as a genuinely competent alternative to all-talk Barack. Bobby is young and, in a way, relatively inexperienced, but his young life is already full of stunning examples of his mastery of public policy and its implementation. I agree with Bill K. that choosing Bobby would quiet a variety of fears about the McCain administration. Besides (to repeat) the Republicans really have no one else--Pawlenty is solid but boring. It seems to me likely that Obama will generate some excitement and counter his obvious weaknesses by picking the ultra-competent Sam Nunn. McCain is toast if he doesn’t counter with a similar (and really better) move.
2. I suspect--again with no real facts--that tomorrow might be a good day for Obama. The reason: The expectations for Hillary have become too high. I don’t think she’ll win double-digit in IN or that NC will be particularly close. I also agree that she can become a viable candidate again only by winning both primaries.
 Posted by Peter Lawler | Link to this Entry | Comments [17] | 5/5/2008 10:51 AM
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