Romney Selects Robert Bork as Legal Advisor: Was Rejected as Supreme Court Nominee

After the American Century

Robert Bork

Gov. Romney has made a disturbing decision. He has appointed Robert Bork, an extremist, as his chief legal advisor, as discussed in the New York Times editorial page. A former professor at Yale, Bork was rejected as a Supreme Court nominee by a wide margin in 1987, and he has since that time moved further to the right. In recent years he converted to Catholicism and he is now married to a former nun. Bork is perhaps most (in)famously recalled by the public for the "Saturday Night Massacre" in 1973. That is, he was the man who fired Watergate Special Prosecutor Archibald Cox who was getting too close to the truth. That Bork would carry out this order from Richard Nixon rather than resign (as his superior did) says a great deal about his character and opinions.

Romney might have chosen any number of reputable conservative thinkers who are less controversial. Making Bork the head of his "Justice Advisory Committee" suggests that Romney agrees with Bork's extreme views. It also suggests the kind of nominees he might try to send to the Supreme Court. 

What, then, does Bork stand for? A great many things, but here are a few of them:

(1) Chicago School style economics applied to the law. He famously argued that mergers and near monopolies should not be opposed by law, because they in fact benefit consumers. (I am not making this up.)

(2) He has opposed the Supreme Court's decision (in a series of cases) to acknowledge and defend a right to privacy.  (See Dronenburg v. Zech, 741 F.2d 1388, decided in 1984.) At issue in this case was a gay man's right to privacy, not at all incidentally.

(3) Despite his general advocacy of something much like strict-construction of the Constitution (adhering to the ideas of the authors of that document in the late eighteenth century), Bork supports a new amendment to the Constitution that would allow large Congressional majorities to override Supreme Court decisions.

The late Senator Ted Kennedy vehemently (and successfully) opposed Bork's nomination to the Supreme Court in 1987, and his words are worth repeating here:

"Robert Bork's America is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens' doors in midnight raids, schoolchildren could not be taught about evolution, writers and artists could be censored at the whim of the Government, and the doors of the Federal courts would be shut on the fingers of millions of citizens for whom the judiciary is—and is often the only—protector of the individual rights that are the heart of our democracy ... President Reagan is still our president. But he should not be able to reach out from the muck of Irangate, reach into the muck of Watergate and impose his reactionary vision of the Constitution on the Supreme Court and the next generation of Americans. No justice would be better than this injustice."

Bork now provides Romney with advice on justice? Presumably this is part of his outreach to the Republican Right, but it will only confirm Romney's unpopularity with women and minorities.

Election 2012: Romney's Campaign Strategy Could Determine What Kind of Running Mate He Needs

After the American Century  

The election campaign is moving into a new phase that will test Romney in ways he has not been tested until now. The questions and problems he now faces cannot be solved by spending more money or by negative campaigning. These two fundamental questions are the following.

(1) Can Romney move toward the center and still attract the more conservative Republicans? He must move toward the center to court the swing voters, most of them Independents. They decide most elections. Almost every candidate makes this move toward the center after the primaries, but it may be harder for Romney to do so, because he is constantly referred to as a flip-flopper on the issues. I have seen at least five editorial cartoons showing him speaking out of both sides of his mouth or contradicting himself. Moreover, can Romney move toward the center in a way that leaves the evangelical and right-wing voters feeling comfortable and enthusiastic? One possibility is that he will do this by making the campaign a contrast between himself and Obama. The more he emphasizes persons the less policies will matter to many of the voters. This approach has a problem, however, namely that Romney is not a terrific personality. Whether you liked or agreed with FDR or Ike or Reagan, all of them were warm, likable people. Call it charisma or what you will, they each had in their own way a strong personal presence. But Romney does not have anything like that, and to a greater degree, Obama does. He has turned out to be somewhat less inspirational in office than he was on the hustings, but he does have oratorical powers that no recent candidate can match, certainly not Gore, Bush, Kerry or that Senator from Arizona who ran last time, you know who I mean, but his name is fading away. In short, emphasizing personality might not be a winning strategy for Romney.

Romney would be better off choosing the other option, which is to emphasize policy differences and to keep personality in the background. If he can convince voters that the election is about fundamental policy differences, then the more conservative Republicans presumably will help push that bandwagon. He would need to stick to domestic issues using this approach, since Obama has continued the Bush foreign policy more than most people thought he would. The Defense Department has the same head, and the troops are still in Afghanistan. (It may be fortunate for both candidates, in fact, that the public does not care too much about foreign policy.)

(2) The answer to the first question has an effect on the second one. Will Romney choose a running mate who appeals to women and minorities more than he does? He wants a VP who brings him votes that he cannot get himself, but is he looking on the Right, in the Center, or toward women and minorities?  His ideal partner would have more of the common touch, appeal to women and minorities, and be a big lovable personality. With such a side-kick Romney can be a bit more centrist, presenting himself as the analytical businessman and champion of free and unregulated markets, smaller government, and lower taxes, while leaving alone the cultural issues like abortion, gay marriage, teaching Creationism in the schools, etc. etc. that instead the VP can talk about. His VP  might borrow Santorum's playbook but tone down the rhetoric. In short, the ideal VP should be a more intelligent Palin. (A certain Minnesota member of Congress does come to mind, but note that I did not name her in my list of four leading candidates for VP, posted here at the end of March.)

Assuming this is how Romney decides to play it, he might have a good chance to win. However, how much different is this from McCain's strategy?

See also my earlier posting on four possible VP candidates. 

Election 2012: Florida's Discriminatory Voting Laws Continue

After the American Century

The State of Florida has perhaps never conducted an election that was fair, when it comes to race. The long and sorry history is outlined in a New York Times article. 

After the debacle of the hanging chads in the 2000 presidential election, one might have thought that Florida would do all in its power to make its voter registration and election above reproach. Not so. The Republican dominated state legislature is actively inhibiting voter registration. It has done so by passing laws that fine volunteers who help others to register to vote. These are not trivial fines. The first version of the law set the fine at $5000 for every form with a mistake on it. The League of Women Voters, hardly a radical organization, took this law to court and it was struck down. But the Florida Republicans know that their state is crucial in the coming election, and they immediately got up another law which reduces the fine to "only" $1000.  

The intimidation and fines have worked: the League of Women Voters has stopped registering people to vote in Florida. 

Imagine that you are a volunteer, seeking to register voters for either party, and the form you help someone submit has a mistake on it somewhere. Perhaps the middle initial in the applicant's name has been left out. Perhaps you have forgotten to tick the small box, which says that you have never been judged insane or mentally handicapped. (I am not making this up.)Three forms out of 100 lack that little tick in the box, and are rejected.  Register voters at your peril, for not only is there a fine of $1000 for each erroneous form, but the volunteer's name ends up in a database. Instead of being praised for trying to do the right thing - helping people to vote - volunteers feel threatened by the Republican State of Florida.  In other words, every mistake is treated as though one were engaged in the fraudulent activity of intentionally filing a false claim. That, of course, should be punished.

But the State of Florida has created more obstacles. Suppose that you discover an error in your own voter registration, quite possibly an error made by some state employee in recording the information. Possibly a computer error, especially when dealing with a Spanish or Russian or Scandinavian name. Suppose your name has the letters ñ or ø or å in it, and suppose that  the State of Florida - glorious state of the hanging chads - has computers that simply do not process those strange letters. Un-American letters. What then? Even if the mistake is not one you made, on election day, you will not be allowed to vote. 

Now, who benefits from such a system? Who are those new voters that the Florida Republicans are so keen to punish? The punishment is completely non-partisan, of course, and the fines can be taken from anyone, rich or poor, white or blank, Anglo of Hispanic.  These laws are surely not directed at poorer people, who tend to vote Democratic. Why would the State want them to decide not to register since it could cost so much money?  It would be unworthy of me to suggest that Florida's Republicans are  carrying on the traditions of voter intimidation pioneered in the American South and used so successfully against African-Americans and poor people for more than a century. Of course Florida today has escaped from its racist heritage and it is ashamed of the disgraceful 2000 Presidential election. Or so one might think.

In fact, Florida is a disgrace to American values. Its history of voter intimidation offers a model only to tin-pot dictators. Florida ought to be ashamed, but it is apparently a state with no conscience, no shame, and no shred of self-respect. 

The Presidential election of 2000 was quite possibly stolen in and by the State of Florida. Land of the hanging chads.

Historical Document, 1891: Horses Won’t Go Out of Fashion

Horse driven cotton gin

After the American Century

The following article appeared in the Rocky Mountain News on July 14, 1891, page 23. It declared the unnamed author's belief that horses would continue to be popular and numerous in the United States, regardless of the technological changes in the wind. In fact, the number of horses in the nation would continue to increase to an all-time high during World War I. So for at least a quarter century, the author of this piece proved correct.

Horses Won’t Go Out of Fashion

If any one is laboring under the delusion that horses are going to become curiosities when the trolley railroad people have grid-ironed the streets with electric wires, he will soon get rid of it. He will catch the fact that the horse is still appreciated as the pet, companion and pride of man, woman and child, even if he is to be relieved of the heavy labor of pulling streetcars. A similar change in the condition of horses occurred when the railroads took the place of turnpikes and engines superseded horses, but the census showed no diminution, but an increase in the number of horses sold, raised and owned. Rapid transit may be improved until the city or country man may go anywhere he wishes at a hundred miles an hour. The dry goods stores may deliver bundles by pneumatic tube express, and plowing and harrowing for a whole township be done by a central electric power plant with wires running to each farm – imagine any improvement or extension of motive power you will, but you can’t imagine the horse becoming effete and disused, so long as men’s blood runs red in their veins. In fact, the horse – the typical, average horse – will be vastly improved, a thing of beauty, power, grace and intelligence by his enfranchisement from coarser and heavier labors.  [reprinted from Horse and Stable, n.d.]

Notes about the technology of 1891

Streetcars were being rapidly adopted after Sprague's successful construction of a system in 1887 that worked well in hilly, Richmond, Virginia.

Pneumatic tube systems of moving mail and other small items were successfully being used in Paris, London, New York, and elsewhere.

Electric power stations had been around for a decade by 1891, although they were largely confined to larger cities and towns. Almost no one in 1891 had electricity in their home yet.

Election 2012: Four Republican Vice-Presidential Possibilities

After the American Century

[We now know that Romeny has picked Paul Ryan to be his running mate, but this piece reminds us of the other alternatives he had, two of which could have helped him with women voters.]

Who will be Romney's running mate?  A common option, historically speaking, is to select one of the other candidates. This conceivably could happen, though I strongly doubt it because there were no women, no minorities, and no one even remotely young.Then there was all that negative advertising, souring relations. Therefore, I am going to assume that other candidates in the primary are out, and that shopping for a Republican VP is a matter of looking at governors and members of Congress. Here are some people that might get considered.

So many have mentioned Mitch Daniels, Governor of Indiana and New Jersey Governor Chris Christie that I will just let their names stand, and anyone interested can find out more elsewhere. But I am guessing that Romney will look for someone a little unexpected, younger, and less typically Republican, i.e. a woman or a member of a minority group.

He could get both at once by picking Rikki Haley, Governor of South Carolina. She is young, only 39, and got into office with strong support from the Tea Party. She is from the South, which balances Romney's frigid Northern-ness. She has an Indian immigrant background, which would dispel the Romney Harvard old-boy image quite a bit. Since one effect of the primaries so far has been to alienate many women from the Republicans, this choice would help Romney win back female voters. Remember that without women voters Clinton and Obama would never have been elected. Had only men been voting, the Republicans would have held the presidency without a break since at least 1980.

Governor Rikki Haley

Then again, perhaps a young Latino is Romney's missing ingredient. In that case, the most exciting option might be Mark Rubio, Senator from Florida. He is of Cuban-American background, and one of the up-and-coming generation. This choice would also reach out to the Latino voters who have not been much drawn to the Republicans in recent elections. If nothing else, Rubio could deliver the largest swing state to the Romney column, freeing him to focus his campaign on other swing states. Rubio is a good public speaker, and will be a potential candidate for some time to come. He has just endorsed Romney.

Senator Mark Rubio

Yet another young face is New Mexico governor Susana Martinez, born in 1959. She is tough on crime and would appeal strongly to the Hispanics of Mexican background. Note, however, that New Mexico is a far less important swing state than Florida or Ohio, and she is not as well known as Rubio.

Gov. Susana Martinez

But thinking of swing states, Ohio Senator Rob Portman (below) might be just the man to deliver his state to the Romney camp. Portman, born in 1955, is a former White House budget chief under Bush II. However, I am guessing that two white men from Northern states, both focused on economics, is not the ideal team for the Republicans. To maximize the impact of their VP candidate, they need to show some sympathy with the Tea Party and/or the evangelicals and to show a more multicultural and youthful face.

Senator Rob Portman

These are four possibilities that each have something to offer the Romney campaign. For that matter three of them (but not Portman) would help Santorum, another white man from a Northern state, if he should manage to become the nominee. In the  unlikely event that Gingrich becomes the candidate, then a different slate of possible VPs would be needed.

Nevertheless, predicting the VP is generally a hopeless task. Who could have imagined that the first Bush would choose the maladroit Dan Quale? Or that Nixon would pick the obscure Spiro Agnew? Or that Obama would pick Joe Biden, for that matter.

These and other candidates considered likely possibilities have been discussed in the New York Times, whose list did not include any women.

Election 2012: Does Bishop Romney Have a Positive Message, or only a Negative Ad Campaign?

After the American Century

After a decisive victory in Illinois, Romney appears close to winning the Republican nomination. Notably, Gingrich's candidacy faded to fourth place, just behind Ron Paul. This leaves Santorum as his only real challenger, and Romney beat him by more than 10 percentage points. 

One can spin this somewhat differently, and point out that Romney still did not manage to get half the votes in Illinois. This means that despite outspending all of his rivals -- by a wide margin -- the Republicans as a group gave more votes to others than they did to him. There clearly remains a high level of dissatisfaction with him as a candidate.

But the mathematics of delegate counts suggests that after winning Puerto Rico and Illinois, he will be hard to stop. In terms of pledged delegates, Bishop Romney has more votes than his three rivals combined. 

(In case anyone wonders why I refer to him as Bishop, it is because Romney is a Bishop in the Mormon Church, and gives 10% of his income each year to it. This tithe, as well as his missionary work in France for the Mormon Church, shows that he is not a casual member of that church. He has also participated in posthumous baptism, a Mormon ritual  in which people who were never Mormons during their lives are "converted" post-facto. Among these are many of the founding fathers of the US and Anne Frank, who as a Jewish person was killed by the Nazis.)

The problem, increasingly for Bishop Romney will be one of turning his almost entirely negative campaign into a more positive one telling Americans how he can make the country a better place. To date, he has used all his energy to attack others, including the President. His advertising money has been overwhelmingly used to send out negative messages. By one count he has had seven negative advertisements for every positve one. It seems doubtful that this strategy alone will put him in the White House. 

So as Romney moves to later primaries, it will be interesting to see if he has anything equivalent to Ronald Reagan's famous "Morning in America" campaign. What is he for? This is also a challenge for the Republican Party as a whole, which for four years has been a negative force, constantly on the attack, but almost never offering anything new or innovative as a solution to the nation's challenges.

In short, the question now becomes whether Bishop Romney's candidacy can renew the Republican Party, or whether it will remain mired in squabbles between its various factions. Can it articulate a common vision and look forward? Can the Republicans think positively? And will Bishop Romney's religion play a role in whatever does happen?

Election 2012: What Do Alabama Exit Polls Tell Us about the Republicans?

After the American Century

No one really "won" in Alabama. Rather, three candidates split the vote into almost equal segments, with Ron Paul getting only 5 percent. But exit polls also tell us more about how the electorate is divided. Alabama is more interesting than Mississippi here, because the latter is so rural and so poor that it is an extreme case.

So, here are the conclusions one can draw from exit polls. First of all, there are virtually no Black people in the Alabama version of the Republican Party, being less than 2% of the primary voters there, or about 4,000 people. Perhaps these are Black Mormons or Black millionaires? No less than 93% of the Republican voters were white, and of the three main candidates Romney finished last with just 28%.

In terms of gender, Gingrich is the most popular among men (34%), especially those who have never gone to college. Apparently, they are the most impressed by his repeated claims to be the smartest candidate. He was strongest in the suburbs, with 35% there, and fully 40% think he is the candidate best able to deal with an international crisis.  Otherwise, in most categories Gingrich comes in second or third.

Santorum is the most popular among women, especially working women, and he is also the most popular among college graduates. (Remember that college in Alabama is often primarily about football.)  Santorum is also the most popular among younger voters, especially those under 30, where he got 41% of the votes. Apparently his intense moralism appeals to them, as well as to that half the Alabama Republicans who think a candidate's religious beliefs matter a great deal, 48% of whom voted for him. He was the most popular candidate in both rural and urban (but not suburban) Alabama. However, even his supporters think he is the least well prepared to deal with an international crisis.

Romney is not particularly liked by the intensely religious, the rural, the young, men, or women.  The only groups where his attraction rises to above 35% are those over 65 and those who make more than $100,000 a year. The logic seems to be that Romney would win a massive victory among rich, dead people, as, like him, they do not drink and are pretty rigid.  This constituency has little gender left and are almost all over 65. Given Mormon theology, in which the dead can be posthumously made a member of the church, this would seem an incontrovertible result. 

Romney also got 35% of the voters who had studied beyond the BA level. He is clearly understood, even by the Republicans, to be aloof from  ordinary people. Only one in five voters thought Romney best understood the average American's problems. Why is he getting about a third of the support, then? Two factors keep Romney viable in this race. (1) Not less than 59% of the Republican voters perceive the economy as the most important issue (compared to 25% who think it is the federal budget deficit, the 9% who think abortion is, or the 3% who say it is illegal immigration). Romney is generally thought to be the man who can deal with the economy.  (2) Romney is also perceived as the man who can most likely defeat Obama.

There are some curiosities that may not apply elsewhere. For example, it seems surprising that Romney only polled 28% among the Independent voters,  while 33% of them voted for Santorum. To be an "Independent" in Alabama apparently often means that one is further to the Right than the Republican Party, as Ron Paul did twice as well with them (11%) as he did overall. Overall, in Alabama 72% of the Independent voters voted for Gingrich, Santorum, and Paul. This is in contrast to most of the nation, where Independents tend to be moderate, centrist voters.

37% of the Alabama voters made up their minds in the last days before the election, and Romney narrowly won among this thoughtful group who realized that the choice was difficult because quality is missing. In contrast, Santorum won among those who made up their minds during the last few weeks (when he began to surge), while Gingrich won among those who decided long ago. In other words, Romney's heavy spending and massive negative advertising did sway some of the undecided voters during the last days of the campaign. Nevertheless, as predicted several days ago, he was never going to do well in these Southern primaries.