Commentary Magazine


Topic: law professors

Attacking American Muslims

Some of those who favor placing Imam Feisal Abdul Rauf’s proposal to build a mosque and Islamic center near Ground Zero have used malicious rhetoric to characterize those who oppose them. They are said to be anti-Muslim, anti-Constitutional, and acting, in the words of MSNBC’s resident deep thinker Norah O’Donnell, “like the people who stole freedom from Americans, the people who attacked America and killed 3,000 people.”

This is ugly and unfortunate stuff.

At the same time, those who oppose building the mosque near Ground Zero have an obligation to be careful about the rhetoric they employ. For example, former Speaker of the House Newt Gingrich has said: “There should be no mosque near Ground Zero in New York so long as there are no churches or synagogues in Saudi Arabia. The time for double standards that allow Islamists to behave aggressively toward us while they demand our weakness and submission is over.” He later added, by way of analogy, “Nazis don’t have the right to put up a sign next to the Holocaust museum in Washington.”

Let’s take these assertions in order. Regarding the first one, Saudi Arabia is not the standard Americans should use on the matter of religious freedom. As for the second argument: the analogy breaks down because Nazism was intrinsically malevolent, whereas mosques are not.

It is true, of course, that far too many Muslims in the world embrace a form of militant Islam; to deny that would be to deny reality. Those who attacked us on September 11 did so in the name of Islam. And those are not, by any means, the only attacks the world (or America) has witnessed.

At the same time, we have to be very careful not to conflate American Muslims with al-Qaeda and Wahhabism or argue, explicitly or implicitly, that mosques qua mosques are comparable to Nazism. Some mosques do fan the flames of hatred and violence; but of course many more do not.

It was a tribute to America that, in the aftermath of 9/11, it showed impressive tolerance and respect toward Muslims in this nation. President Bush went out of his way, early and often, to strike just the right tone.

“America counts millions of Muslims amongst our citizens, and Muslims make an incredibly valuable contribution to our country,” Bush said at the Islamic Center in Washington, D.C., just six days after the attacks. “Muslims are doctors, lawyers, law professors, members of the military, entrepreneurs, shopkeepers, moms and dads. And they need to be treated with respect. In our anger and emotion, our fellow Americans must treat each other with respect.”

Those words apply now as they did then.

I have argued before that the effort to build the mosque near Ground Zero is terribly imprudent because it was sure to ignite a debate in this country that is divisive and dangerous. Many Americans, for completely understandable reasons, would rather have this particular mosque run by this particular imam built elsewhere in New York. To characterize that opposition as bigoted, malicious, and un-American has evoked a perfectly predictable counterreaction. “It’s about damn time that Muslims around the world and in the United States — I’m talking about this particular imam — be sensitive to American values,” is how one commentator put it.

Because the debate on the mosque near Ground Zero deals with extremely sensitive matters, it’s easy for things to spin out of control. So it’s particularly important that arguments be made with precision, with care, and even with some measure of grace and understanding.

As usual, it’s wise to look to Lincoln to guide our way. In the words of the historian William Lee Miller:

[Lincoln] led one side in a bloody war not by arousing the aggressive tribalism, the assertive collective will, that war leaders often summon and that war publics often display, but by rather reasoning and eloquence. He gave careful arguments for his position, implying that he and his followers and their adversaries – their “dissatisfied countrymen” – were all part of a universal community of human reason. … He did not demean or demonize the enemy … he did not deal in disdain or contempt for the adversary.

Neither should we.

Some of those who favor placing Imam Feisal Abdul Rauf’s proposal to build a mosque and Islamic center near Ground Zero have used malicious rhetoric to characterize those who oppose them. They are said to be anti-Muslim, anti-Constitutional, and acting, in the words of MSNBC’s resident deep thinker Norah O’Donnell, “like the people who stole freedom from Americans, the people who attacked America and killed 3,000 people.”

This is ugly and unfortunate stuff.

At the same time, those who oppose building the mosque near Ground Zero have an obligation to be careful about the rhetoric they employ. For example, former Speaker of the House Newt Gingrich has said: “There should be no mosque near Ground Zero in New York so long as there are no churches or synagogues in Saudi Arabia. The time for double standards that allow Islamists to behave aggressively toward us while they demand our weakness and submission is over.” He later added, by way of analogy, “Nazis don’t have the right to put up a sign next to the Holocaust museum in Washington.”

Let’s take these assertions in order. Regarding the first one, Saudi Arabia is not the standard Americans should use on the matter of religious freedom. As for the second argument: the analogy breaks down because Nazism was intrinsically malevolent, whereas mosques are not.

It is true, of course, that far too many Muslims in the world embrace a form of militant Islam; to deny that would be to deny reality. Those who attacked us on September 11 did so in the name of Islam. And those are not, by any means, the only attacks the world (or America) has witnessed.

At the same time, we have to be very careful not to conflate American Muslims with al-Qaeda and Wahhabism or argue, explicitly or implicitly, that mosques qua mosques are comparable to Nazism. Some mosques do fan the flames of hatred and violence; but of course many more do not.

It was a tribute to America that, in the aftermath of 9/11, it showed impressive tolerance and respect toward Muslims in this nation. President Bush went out of his way, early and often, to strike just the right tone.

“America counts millions of Muslims amongst our citizens, and Muslims make an incredibly valuable contribution to our country,” Bush said at the Islamic Center in Washington, D.C., just six days after the attacks. “Muslims are doctors, lawyers, law professors, members of the military, entrepreneurs, shopkeepers, moms and dads. And they need to be treated with respect. In our anger and emotion, our fellow Americans must treat each other with respect.”

Those words apply now as they did then.

I have argued before that the effort to build the mosque near Ground Zero is terribly imprudent because it was sure to ignite a debate in this country that is divisive and dangerous. Many Americans, for completely understandable reasons, would rather have this particular mosque run by this particular imam built elsewhere in New York. To characterize that opposition as bigoted, malicious, and un-American has evoked a perfectly predictable counterreaction. “It’s about damn time that Muslims around the world and in the United States — I’m talking about this particular imam — be sensitive to American values,” is how one commentator put it.

Because the debate on the mosque near Ground Zero deals with extremely sensitive matters, it’s easy for things to spin out of control. So it’s particularly important that arguments be made with precision, with care, and even with some measure of grace and understanding.

As usual, it’s wise to look to Lincoln to guide our way. In the words of the historian William Lee Miller:

[Lincoln] led one side in a bloody war not by arousing the aggressive tribalism, the assertive collective will, that war leaders often summon and that war publics often display, but by rather reasoning and eloquence. He gave careful arguments for his position, implying that he and his followers and their adversaries – their “dissatisfied countrymen” – were all part of a universal community of human reason. … He did not demean or demonize the enemy … he did not deal in disdain or contempt for the adversary.

Neither should we.

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Flotsam and Jetsam

They need to get their stories straight. Raju Narisetti, the Washington Post managing editor, says that Dave Weigel was “vetted in the same way that other prospective Post journalists are screened.” But Executive Editor Marcus Brauchli says, “We don’t have the resources or ability to do Supreme Court justice-type investigations into people’s backgrounds. We will have to be more careful in the future.”

Obama needs to get his act together if we are going to win in Afghanistan. “Looming over America’s military and diplomatic efforts is the withdrawal timetable. It does not matter that the July 2011 date for the beginning of the draw-down is more nuanced than a complete ‘switching off the lights and closing the door behind us,’ as President Obama said on Thursday. The arbitrary date sends the message that America’s commitment is limited. Those in the Pakistani military and intelligence establishment who support the Afghan insurgents do so because they see them as a means to project power in Afghanistan. The timetable tells the Pakistanis that support for the Taliban and their ilk may be rewarded in the not distant future.”

What does Gen. David Petraeus need? Zalmay Khalilzad writes that “he will need to get our own house in order. An effective counterinsurgency strategy requires civil-military cooperation, coordination and integration. Petraeus should demand this and ought to have the lead in bringing it about. Given all that is at stake he must establish a one-mission, one-team spirit among various instruments of U.S. power. Those who do not cooperate should be replaced, and quickly.”

Obama needs to stop treating Britain like Israel. (He, of course, also needs to stop treating Israel like a skunk at his “international community” garden party.) “Obama’s face time with [David]Cameron does present him with an opportunity to personally put U.S. relations with Britain on a new footing. The president didn’t have a particularly warm relationship with [Gordon] Brown, Cameron’s dour predecessor. It got off to a rocky start – Obama did not hold a joint press conference during Brown’s first White House visit and it was widely noted that the gifts Obama presented to the prime minister were generic. The British press concluded that Brown had been snubbed, and the perception stuck.”

Rory Reid needs a new last name: “Republican Brian Sandoval continues to hold a lead of more than 20 points over Democrat Rory Reid in Nevada’s race for governor. A new Rasmussen Reports telephone survey of Likely Voters in the state shows Sandoval with 55% support, while Reid earns 33% of the vote.”

Two law professors say the Senate should take their word on Elena Kagan not being a boffo judge and forget about asking all those pesky questions: “We believe that she will take seriously the obligation to make fair and impartial decisions based on the briefs and arguments presented in the cases before her. Senators should not ask her to articulate her positions on legal issues in advance of her deciding cases. If they ask, she should decline to do so. That action would demonstrate, more than any pledge, that she understands what it means to be a judge.”

Haven’t you been thinking that what we really need is a fish czar? “As concerns mount about the presence of Asian carp near Lake Michigan, U.S. Sen. Dick Durbin today urged President Obama to appoint a carp czar to oversee efforts to keep the invasive species out of the Great Lakes.”

They need to get their stories straight. Raju Narisetti, the Washington Post managing editor, says that Dave Weigel was “vetted in the same way that other prospective Post journalists are screened.” But Executive Editor Marcus Brauchli says, “We don’t have the resources or ability to do Supreme Court justice-type investigations into people’s backgrounds. We will have to be more careful in the future.”

Obama needs to get his act together if we are going to win in Afghanistan. “Looming over America’s military and diplomatic efforts is the withdrawal timetable. It does not matter that the July 2011 date for the beginning of the draw-down is more nuanced than a complete ‘switching off the lights and closing the door behind us,’ as President Obama said on Thursday. The arbitrary date sends the message that America’s commitment is limited. Those in the Pakistani military and intelligence establishment who support the Afghan insurgents do so because they see them as a means to project power in Afghanistan. The timetable tells the Pakistanis that support for the Taliban and their ilk may be rewarded in the not distant future.”

What does Gen. David Petraeus need? Zalmay Khalilzad writes that “he will need to get our own house in order. An effective counterinsurgency strategy requires civil-military cooperation, coordination and integration. Petraeus should demand this and ought to have the lead in bringing it about. Given all that is at stake he must establish a one-mission, one-team spirit among various instruments of U.S. power. Those who do not cooperate should be replaced, and quickly.”

Obama needs to stop treating Britain like Israel. (He, of course, also needs to stop treating Israel like a skunk at his “international community” garden party.) “Obama’s face time with [David]Cameron does present him with an opportunity to personally put U.S. relations with Britain on a new footing. The president didn’t have a particularly warm relationship with [Gordon] Brown, Cameron’s dour predecessor. It got off to a rocky start – Obama did not hold a joint press conference during Brown’s first White House visit and it was widely noted that the gifts Obama presented to the prime minister were generic. The British press concluded that Brown had been snubbed, and the perception stuck.”

Rory Reid needs a new last name: “Republican Brian Sandoval continues to hold a lead of more than 20 points over Democrat Rory Reid in Nevada’s race for governor. A new Rasmussen Reports telephone survey of Likely Voters in the state shows Sandoval with 55% support, while Reid earns 33% of the vote.”

Two law professors say the Senate should take their word on Elena Kagan not being a boffo judge and forget about asking all those pesky questions: “We believe that she will take seriously the obligation to make fair and impartial decisions based on the briefs and arguments presented in the cases before her. Senators should not ask her to articulate her positions on legal issues in advance of her deciding cases. If they ask, she should decline to do so. That action would demonstrate, more than any pledge, that she understands what it means to be a judge.”

Haven’t you been thinking that what we really need is a fish czar? “As concerns mount about the presence of Asian carp near Lake Michigan, U.S. Sen. Dick Durbin today urged President Obama to appoint a carp czar to oversee efforts to keep the invasive species out of the Great Lakes.”

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The Problem with Law Schools

Ed Whelan dismantles bit by bit the argument by former Harvard Law School dean Robert Clark in support of current Harvard Law School dean Elena Kagan’s barring of military recruiters and signing on to an amicus brief contesting the Solomon Amendment. This raises a larger issue — yes, even larger than a single Supreme Court nomination — what’s the matter with law schools? After all, lots and lots of their deans and professors hadn’t a clue what the law was in the case challenging the Solomon Amendment. George Mason University Law School was the proud exception and at the time reminded us:

The amicus brief filed by the dean and two professors at George Mason’s law school was the only one submitted by a law school that took the side of the armed services. Many amicus briefs were filed on the losing side (including briefs in behalf of Yale University, Harvard University, Columbia University, New York University, the University of Chicago, Cornell University and the University of Pennsylvania), arguing that the Solomon Amendment’s requirement of equal access for military recruiters was unconstitutional under the First Amendment. In addition, professors at Columbia and Harvard law schools submitted briefs arguing that as a matter of statutory construction the law schools had in fact complied with the Solomon Amendment. The constitutional and statutory arguments were all rejected by the Court.

There is a reason why the Chief Justice, among other justices over the years, has said that he doesn’t pay too much attention to law-review articles. Why? Law professors don’t really have a great grasp of what the law is or a decent track record in predicting where it will evolve. They operate in a largely isolated academic setting in which, in their minds, there are nine Justice Stevenses on the bench. And in this case, they didn’t even get Stevens’s position right.

As Ronald Reagan said of liberals, it’s not that they are ignorant. It’s that they know so much that isn’t true. So I can see the argument for looking outside the appellate bench for justices. But I think law professors are the last place you’d want to look for unbiased, accomplished legal analysts. Let’s hope Kagan picked up some actual law, not law-school law, in her last year at the solicitor general’s office.

Ed Whelan dismantles bit by bit the argument by former Harvard Law School dean Robert Clark in support of current Harvard Law School dean Elena Kagan’s barring of military recruiters and signing on to an amicus brief contesting the Solomon Amendment. This raises a larger issue — yes, even larger than a single Supreme Court nomination — what’s the matter with law schools? After all, lots and lots of their deans and professors hadn’t a clue what the law was in the case challenging the Solomon Amendment. George Mason University Law School was the proud exception and at the time reminded us:

The amicus brief filed by the dean and two professors at George Mason’s law school was the only one submitted by a law school that took the side of the armed services. Many amicus briefs were filed on the losing side (including briefs in behalf of Yale University, Harvard University, Columbia University, New York University, the University of Chicago, Cornell University and the University of Pennsylvania), arguing that the Solomon Amendment’s requirement of equal access for military recruiters was unconstitutional under the First Amendment. In addition, professors at Columbia and Harvard law schools submitted briefs arguing that as a matter of statutory construction the law schools had in fact complied with the Solomon Amendment. The constitutional and statutory arguments were all rejected by the Court.

There is a reason why the Chief Justice, among other justices over the years, has said that he doesn’t pay too much attention to law-review articles. Why? Law professors don’t really have a great grasp of what the law is or a decent track record in predicting where it will evolve. They operate in a largely isolated academic setting in which, in their minds, there are nine Justice Stevenses on the bench. And in this case, they didn’t even get Stevens’s position right.

As Ronald Reagan said of liberals, it’s not that they are ignorant. It’s that they know so much that isn’t true. So I can see the argument for looking outside the appellate bench for justices. But I think law professors are the last place you’d want to look for unbiased, accomplished legal analysts. Let’s hope Kagan picked up some actual law, not law-school law, in her last year at the solicitor general’s office.

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RE: Kagan’s Vulnerability

Emily Bazelon at Slate writes in defense of Elena Kagan:

She was one of 40 law professors who signed that brief. In law school faculties at the time, people were falling over themselves to oppose the Solomon Amendment. Eight other universities filed briefs, along with 56 Columbia law professors and 44 Yale law professors. At some schools, it was out of the mainstream not to sign. Obama has already said it’s time to start getting rid of “Don’t Ask, Don’t Tell.” The White House can support Kagan’s stand on this issue without taking on a new political battle.

Hmm. Is this argument meant to persuade us that Kagan is in the mainstream of judicial thought, or rather that there is something terribly wrong with the law professors who populate elite universities? All of these people got the law wrong. Really wrong — 8-0 wrong.

Moreover, you will note how easily the left conflates a policy issue — “Don’t Ask, Don’t Tell” is bad, so we’re getting rid of it — with the legal argument that proved to be a dead-bang loser at the Supreme Court. Bazelon muddles the two. The question is: did Kagan? And, more important, will she do so on the Court?

Emily Bazelon at Slate writes in defense of Elena Kagan:

She was one of 40 law professors who signed that brief. In law school faculties at the time, people were falling over themselves to oppose the Solomon Amendment. Eight other universities filed briefs, along with 56 Columbia law professors and 44 Yale law professors. At some schools, it was out of the mainstream not to sign. Obama has already said it’s time to start getting rid of “Don’t Ask, Don’t Tell.” The White House can support Kagan’s stand on this issue without taking on a new political battle.

Hmm. Is this argument meant to persuade us that Kagan is in the mainstream of judicial thought, or rather that there is something terribly wrong with the law professors who populate elite universities? All of these people got the law wrong. Really wrong — 8-0 wrong.

Moreover, you will note how easily the left conflates a policy issue — “Don’t Ask, Don’t Tell” is bad, so we’re getting rid of it — with the legal argument that proved to be a dead-bang loser at the Supreme Court. Bazelon muddles the two. The question is: did Kagan? And, more important, will she do so on the Court?

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Flotsam and Jetsam

Christopher Hitchens is out hawking his book with tales of his Oxford escapades. Alas, now “he’s a Dorian-Gray picture of his former self invoking the memory of it all to sell books this time around, and he’s given it—and himself—a very bad name indeed.”

In case there was any confusion about what the enemy is up to: “Al-Qaida’s American-born spokesman on Sunday called on Muslims serving in the U.S. armed forces to emulate the Army major charged with killing 13 people in Fort Hood. In a 25-minute video posted on militant Web sites, Adam Gadahn described Maj. Nidal Hasan as a pioneer who should serve as a role model for other Muslims, especially those serving Western militaries. ‘Brother Nidal is the ideal role-model for every repentant Muslim in the armies of the unbelievers and apostate regimes,’ he said.”

This was televised on C-SPAN: “Former Illinois Governor Rod Blagojevich talked about ethics in politics. Following his remarks he responded to questions from law professors. The panel included Professors Tonja Jacobi, Donald Gordon, and Donna Leff.” (h/t Taegan Goddard) Seems better suited to Comedy Central.

Who better to send on a fool’s errand? “U.S. President Barack Obama dispatches his vice president to the Middle East on Sunday to try to build support for reviving Israeli-Palestinian peace talks despite deep skepticism on both sides.”

Clark Hoyt gets around to discussing the latest plagiarism scandal at the New York Times involving now departed Zachery Kouwe. He wonders: “How did his serial plagiarism happen and go undetected for so long? Why were warning signs overlooked? Was there anything at fault in the culture of DealBook, the hyper-competitive news blog on which Kouwe worked? And, now that the investigation is complete, what about a full accounting to readers?” Well, for starters, the Times let Maureen Dowd get away with plagiarism, so maybe Kouwe got the idea that it wasn’t really a “mortal journalistic sin.”

David Freddoso on the ongoing sanctimony festival: “‘Bankers don’t need another vote in the United States Senate,’ President Obama said as he urged Massachusetts voters to support Attorney General Martha Coakley over Republican Scott Brown. He also railed against ‘the same fat-cats who are getting rewarded for their failure.’ But in Illinois, Democrats have nominated a banker for Obama’s old Senate seat. Not only is Alexi Giannoulias’s family bank on the verge of failing, but he has a golden parachute made of federal tax refunds.”

Like all those Iran deadlines, no real deadline on ObamaCare: “Health and Human Services Secretary Kathleen Sebelius on Sunday dodged a series of questions about the White House’s plans for healthcare reform in the event lawmakers failed to pass it by the Easter recess. When asked on NBC’s ‘Meet the Press’ whether President Barack Obama would still pursue that legislation after the break, Sebelius offered no direct answer, only stressing, ‘I think we’ll have the votes when the leadership decides to call the votes, and I think it will pass.'”

Dana Perino on Fox News Sunday sums up the difficulty in rounding up votes for ObamaCare: “I think that a lot of the details just are now going past people’s heads and that the fundamental problem for the Democrats is that people do not want the big government spending. They don’t want the big program. They don’t understand why they’re pushing so hard on this and not on jobs. And it occurs to me that you can only vote against your constituents so many times before they start to vote against you.”

Robert Zelnick is very upset to learn that the Gray Lady doesn’t report news adverse to Obama. On Obama’s Medicare gimmickry: “The Times should, of course, be over this story like flies at a picnic table.Where will the money come from, Mr. President? Is there any precedent for draining funds like this from one soon-to-be insolvent program to another? Have you computed how the projected cuts in payment to doctors would affect the supply of physicians, the quality of medicine practiced, the health and longevity of the American people? Aren’t we really dealing with a series of misrepresentations — both explicit and implicit — unprecedented in the nation’s history.”

Reason to celebrate: “Defying a sustained barrage of mortars and rockets in Baghdad and other cities, Iraqis went to the polls in numbers on Sunday to choose a new parliament meant to outlast the American military presence here. … Insurgents here vowed to disrupt the election, and the concerted wave of attacks — as many as 100 thunderous blasts in the capital alone starting just before the polls opened — did frighten voters away, but only initially. The shrugging response of voters could signal a fundamental weakening of the insurgency’s potency.” And reason to be so very proud of one of the greatest military forces ever assembled, which, despite the naysayers, freed Iraqis from a brutal dictatorship.

Christopher Hitchens is out hawking his book with tales of his Oxford escapades. Alas, now “he’s a Dorian-Gray picture of his former self invoking the memory of it all to sell books this time around, and he’s given it—and himself—a very bad name indeed.”

In case there was any confusion about what the enemy is up to: “Al-Qaida’s American-born spokesman on Sunday called on Muslims serving in the U.S. armed forces to emulate the Army major charged with killing 13 people in Fort Hood. In a 25-minute video posted on militant Web sites, Adam Gadahn described Maj. Nidal Hasan as a pioneer who should serve as a role model for other Muslims, especially those serving Western militaries. ‘Brother Nidal is the ideal role-model for every repentant Muslim in the armies of the unbelievers and apostate regimes,’ he said.”

This was televised on C-SPAN: “Former Illinois Governor Rod Blagojevich talked about ethics in politics. Following his remarks he responded to questions from law professors. The panel included Professors Tonja Jacobi, Donald Gordon, and Donna Leff.” (h/t Taegan Goddard) Seems better suited to Comedy Central.

Who better to send on a fool’s errand? “U.S. President Barack Obama dispatches his vice president to the Middle East on Sunday to try to build support for reviving Israeli-Palestinian peace talks despite deep skepticism on both sides.”

Clark Hoyt gets around to discussing the latest plagiarism scandal at the New York Times involving now departed Zachery Kouwe. He wonders: “How did his serial plagiarism happen and go undetected for so long? Why were warning signs overlooked? Was there anything at fault in the culture of DealBook, the hyper-competitive news blog on which Kouwe worked? And, now that the investigation is complete, what about a full accounting to readers?” Well, for starters, the Times let Maureen Dowd get away with plagiarism, so maybe Kouwe got the idea that it wasn’t really a “mortal journalistic sin.”

David Freddoso on the ongoing sanctimony festival: “‘Bankers don’t need another vote in the United States Senate,’ President Obama said as he urged Massachusetts voters to support Attorney General Martha Coakley over Republican Scott Brown. He also railed against ‘the same fat-cats who are getting rewarded for their failure.’ But in Illinois, Democrats have nominated a banker for Obama’s old Senate seat. Not only is Alexi Giannoulias’s family bank on the verge of failing, but he has a golden parachute made of federal tax refunds.”

Like all those Iran deadlines, no real deadline on ObamaCare: “Health and Human Services Secretary Kathleen Sebelius on Sunday dodged a series of questions about the White House’s plans for healthcare reform in the event lawmakers failed to pass it by the Easter recess. When asked on NBC’s ‘Meet the Press’ whether President Barack Obama would still pursue that legislation after the break, Sebelius offered no direct answer, only stressing, ‘I think we’ll have the votes when the leadership decides to call the votes, and I think it will pass.'”

Dana Perino on Fox News Sunday sums up the difficulty in rounding up votes for ObamaCare: “I think that a lot of the details just are now going past people’s heads and that the fundamental problem for the Democrats is that people do not want the big government spending. They don’t want the big program. They don’t understand why they’re pushing so hard on this and not on jobs. And it occurs to me that you can only vote against your constituents so many times before they start to vote against you.”

Robert Zelnick is very upset to learn that the Gray Lady doesn’t report news adverse to Obama. On Obama’s Medicare gimmickry: “The Times should, of course, be over this story like flies at a picnic table.Where will the money come from, Mr. President? Is there any precedent for draining funds like this from one soon-to-be insolvent program to another? Have you computed how the projected cuts in payment to doctors would affect the supply of physicians, the quality of medicine practiced, the health and longevity of the American people? Aren’t we really dealing with a series of misrepresentations — both explicit and implicit — unprecedented in the nation’s history.”

Reason to celebrate: “Defying a sustained barrage of mortars and rockets in Baghdad and other cities, Iraqis went to the polls in numbers on Sunday to choose a new parliament meant to outlast the American military presence here. … Insurgents here vowed to disrupt the election, and the concerted wave of attacks — as many as 100 thunderous blasts in the capital alone starting just before the polls opened — did frighten voters away, but only initially. The shrugging response of voters could signal a fundamental weakening of the insurgency’s potency.” And reason to be so very proud of one of the greatest military forces ever assembled, which, despite the naysayers, freed Iraqis from a brutal dictatorship.

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McCain (Finally) Joins The Battle

To the consternation of many conservatives, John McCain has seemed reluctant to go after his potential Democratic adversaries with great force. That will change a bit today in a speech on judges at Wake Forrest University. Yes, his remarks contain the expected, impassioned plea for judicial restraint and words of praise for Justices Alito, Roberts, and Rehnquist. And he also puts in a brief defense of his role in the Gang of 14, which, he contends, helped get through two Supreme Court and several appeal court judges but has nonetheless been a sore spot with some conservatives.

But it is his sharp words about his Democratic opponents (on a day when they wait for election returns without making much news until tonight) that may catch the most attention. McCain explains:

Obama in particular likes to talk up his background as a lecturer on law, and also as someone who can work across the aisle to get things done. But when Judge Roberts was nominated, it seemed to bring out more the lecturer in Senator Obama than it did the guy who can get things done. He went right along with the partisan crowd, and was among the 22 senators to vote against this highly qualified nominee. And just where did John Roberts fall short, by the Senator’s measure? Well, a justice of the court, as Senator Obama explained it – and I quote – should share “one’s deepest values, one’s core concerns, one’s broader perspectives on how the world works, and the depth and breadth of one’s empathy.

These vague words attempt to justify judicial activism – come to think of it, they sound like an activist judge wrote them. And whatever they mean exactly, somehow Senator Obama’s standards proved too lofty a standard for a nominee who was brilliant, fair-minded, and learned in the law, a nominee of clear rectitude who had proved more than the equal of any lawyer on the Judiciary Committee, and who today is respected by all as the Chief Justice of the United States. Somehow, by Senator Obama’s standard, even Judge Roberts didn’t measure up. And neither did Justice Samuel Alito. Apparently, nobody quite fits the bill except for an elite group of activist judges, lawyers, and law professors who think they know wisdom when they see it – and they see it only in each other.

It is a measure of how tame the debate has been that these are some of the most ideologically pointed lines to be spoken by McCain so far. Clearly, he and his campaign must believe this issue is a winner against both Democratic opponents, a chance to paint them as outside the mainstream. McCain–who is understandably hesitant to take any step that might turn off independents–may have found one of the rare issues he thinks can both please conservatives and keep independents on his side. Unfortunately for him, it’s a rare voter who casts his or her ballot for President solely on the basis of judicial philosophy and potential Supreme Court picks.

To the consternation of many conservatives, John McCain has seemed reluctant to go after his potential Democratic adversaries with great force. That will change a bit today in a speech on judges at Wake Forrest University. Yes, his remarks contain the expected, impassioned plea for judicial restraint and words of praise for Justices Alito, Roberts, and Rehnquist. And he also puts in a brief defense of his role in the Gang of 14, which, he contends, helped get through two Supreme Court and several appeal court judges but has nonetheless been a sore spot with some conservatives.

But it is his sharp words about his Democratic opponents (on a day when they wait for election returns without making much news until tonight) that may catch the most attention. McCain explains:

Obama in particular likes to talk up his background as a lecturer on law, and also as someone who can work across the aisle to get things done. But when Judge Roberts was nominated, it seemed to bring out more the lecturer in Senator Obama than it did the guy who can get things done. He went right along with the partisan crowd, and was among the 22 senators to vote against this highly qualified nominee. And just where did John Roberts fall short, by the Senator’s measure? Well, a justice of the court, as Senator Obama explained it – and I quote – should share “one’s deepest values, one’s core concerns, one’s broader perspectives on how the world works, and the depth and breadth of one’s empathy.

These vague words attempt to justify judicial activism – come to think of it, they sound like an activist judge wrote them. And whatever they mean exactly, somehow Senator Obama’s standards proved too lofty a standard for a nominee who was brilliant, fair-minded, and learned in the law, a nominee of clear rectitude who had proved more than the equal of any lawyer on the Judiciary Committee, and who today is respected by all as the Chief Justice of the United States. Somehow, by Senator Obama’s standard, even Judge Roberts didn’t measure up. And neither did Justice Samuel Alito. Apparently, nobody quite fits the bill except for an elite group of activist judges, lawyers, and law professors who think they know wisdom when they see it – and they see it only in each other.

It is a measure of how tame the debate has been that these are some of the most ideologically pointed lines to be spoken by McCain so far. Clearly, he and his campaign must believe this issue is a winner against both Democratic opponents, a chance to paint them as outside the mainstream. McCain–who is understandably hesitant to take any step that might turn off independents–may have found one of the rare issues he thinks can both please conservatives and keep independents on his side. Unfortunately for him, it’s a rare voter who casts his or her ballot for President solely on the basis of judicial philosophy and potential Supreme Court picks.

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