Saturday, February 24, 2007

This morning Ann Althouse describes the elaborate gavotte Rudi and Mitt are dancing around abortion (she’s okay with that, by the way, and says we should be patient), and Maureen Dowd finds a group that St. McCain isn’t pandering to – Americans. Here’s Prof. Althouse:

We’re seeing some awfully complicated positions on abortion from some of the presidential candidates. It’s easy to hoot with derision.

Rudy Giuliani did an elaborate dance the other day. Speaking in South Carolina, he said that “as a lawyer,” he liked having “strict constructionists” on the federal courts. But he didn’t specify what he wanted those “strict constructionist” judges to do with Roe v. Wade. Instead, he shifted to talking about how it’s “part of our freedom” for the legislatures in the various states to make their own decisions about law.

More recently, on Larry King’s show, Giuliani said he was pro-choice, though he hates abortion, and retreated again into ideas about the sort of judges he would appoint. King dogged him for blunter answers, and Giuliani must have sounded evasive to most people.

When King assumed that “strict constructionist” judges would overrule Roe v. Wade, Giuliani said, “We don’t know that.” When King asked, “Would it hurt you if they overturned it?” Giuliani turned the focus away from himself: we need good judges, and then there are always the states.

Meanwhile, Ruth Marcus of The Washington Post is pointing at a contorted pose that Mitt Romney struck, explaining something he said when he ran for governor of Massachusetts: “What I said to people was that I personally did not favor abortion, that I am personally pro-life. However, as governor I would not change the laws of the commonwealth relating to abortion.

“Now I don’t try and put a bow around that and say what does that mean you are — does that mean you’re pro-life or pro-choice, because that whole package — meaning I’m personally pro-life but I won’t change the laws, you could describe that as — well, I don’t think you can describe it in one hyphenated word.”

If you’re already opposed to Giuliani or Romney, I’m sure the ridicule practically writes itself. Something so convoluted has got to be manipulation. Right? Compare them with straight-talking John McCain, who said: “I do not support Roe v. Wade. It should be overturned.” That’s harder to mock.

But it is the candidate who sets out to deceive us who has the most reason to keep it simple. By contrast, complexity may signal that the candidate is actually trying to tell us something about how he thinks. He may have a sophisticated grasp of the role of the executive in relation to the courts and the legislatures. We might do well to tolerate some complexity.

What should a candidate say about abortion? To represent what the country as a whole thinks, the president ought to take account of the deep beliefs Americans have about both reproductive freedom and the value of unborn life. To deserve the trust embodied in appointment power, the president should have a sound understanding of the judges as independent decision makers who follow an interpretive methodology that operates differently from political choice.

So instead of smirking, we should welcome the kind of complicated statements we’re hearing from Romney and Giuliani. Any individual who is offering to wield presidential power should resist assuring us about what his judicial appointees will do. To do otherwise is to tip us off that he means to populate the judiciary with politicos.

If we listen with a decent sympathy, the things Giuliani and Romney say about abortion make sense. When Romney ran for governor, he made a commitment to Massachusetts voters not to attack the law he knew they supported. That was politically expedient, of course, but it also took an admirably limited view of executive power and acknowledged the independence of the legal system.

Similarly, Giuliani respects the distinctive work of judges and the separate role of the state legislatures. If Roe were overruled, those legislatures would decide how to regulate abortion. And decentralized legislation really is fairly called “part of our freedom” because the Constitution’s framers saw the balance of power between the national government and the states as a safeguard against tyranny.

So I’d like to see a little more patience with what Romney and Giuliani are saying. But that doesn’t mean we should be naïve. The next president will select real individuals to be judges, and no matter how diligent they are, they will bring something of their humanity to their interpretation of the law, a version of humanity that will express something of the president’s cast of mind.
Ann Althouse is a law professor at the University of Wisconsin and writes the blog Althouse. She is a guest columnist this month.

And now here is MoDo:

So some guy stands up after John McCain’s luncheon speech here yesterday to a group of business types and asks him a question.

“I’ve seen in the press where in your run for the presidency, you’ve been sucking up to the religious right,” the man said, adding: “I was just wondering how soon do you predict a Republican candidate for president will start sucking up to the old Rockefeller wing of the Republican Party?”

Mr. McCain listened with his eyes downcast, then looked the man in the eye, smiled and replied: “I’m probably going to get in trouble, but what’s wrong with sucking up to everybody?” It was a flash of the old McCain, and the audience laughed.

Certainly, the senator has tried to worm his way into the affections of W. and the religious right: the Discovery Institute, a group that tries to derail Darwinism and promote the teaching of Intelligent Design, helped present the lunch, dismaying liberal bloggers who have tracked Mr. McCain’s devolution on evolution.

A reporter asked the senator if his pandering on Roe v. Wade had made him “the darling and candidate of the ultra right wing?” ( In South Carolina earlier this week, he tried to get more evangelical street cred by advocating upending Roe v. Wade.) “I dispute that assertion,” he replied. “I believe that it was Dr. Dobson recently who said that he prayed that I would not receive the Republican nomination. I was just over at Starbucks this morning. ... I talk everywhere, and I try to reach out to everyone.”

But there’s one huge group that he’s not pandering to: Americans.

Most Americans are sick and tired of watching things go hideously backward in Iraq and Afghanistan, and want someone to show them the way out. Mr. McCain is stuck on the bridge of a sinking policy with W. and Dick Cheney, who showed again this week that there is no bottom to his lunacy. The senator supported a war that didn’t need to be fought and is a cheerleader for a surge that won’t work.

It has left Mr. McCain, an Arizona Republican, once the most spontaneous of campaigners, off balance. He’s like a cat without its whiskers. When the moderator broached the subject of Iraq after lunch, Mr. McCain grimaced, stuck out his tongue a little and said sarcastically, “Thanks.”

Defending his stance, he sounds like a Bill Gates robot prototype, repeating in a monotone: “I believe we’ve got a new strategy. ... It can succeed. I can’t guarantee success. But I do believe firmly that if we get out now we risk chaos and genocide in the region.”

He was asked about Britain’s decision to withdraw 1,600 troops from Iraq. “Tony Blair, the prime minister, has shown great political courage,” Mr. McCain said. “He has literally sacrificed his political career because of Iraq, my friends,” because he thought “it was the right thing to do.”

He said he worried that Iranian-backed Shiites were taking more and more control of southern Iraq. (That was probably because the Brits kept peace in southern Iraq all along by giving Iranian-backed Shiites more and more control.) And he noted that the British are sending more troops to Afghanistan, “which is very necessary because we’re going to have a very hot spring in Afghanistan.”

But then he got back to Tony Blair sacrificing his political career, and it was clear that he was also talking about himself. When a reporter later asked him if Iraq might consume his candidacy, he replied evenly: “Sure.”

I asked him if he got discouraged when he reads stories like the one in The Wall Street Journal yesterday about Ahmad Chalabi, the man who helped goad and trick the U.S. into war, who got “a position inside the Iraqi government that could help determine whether the Bush administration’s new push to secure Baghdad succeeds.”

Or the New York Times article yesterday about a couple of Iraqi policemen who joined American forces on searches in Baghdad, but then turned quisling, running ahead to warn residents to hide their weapons and other incriminating evidence.

He nodded. “I think one of the big question marks is how the Maliki government will step up to the plate,” he said.

And how, I asked him, can Dick Cheney tell ABC News that British troops getting out is “an affirmation that there are parts of Iraq where things are going pretty well,” while he says that Democrats who push to get America out would “validate the Al Qaeda strategy.” Isn’t that a nutty?

But Senator McCain was back on his robo-loop: “I can only express my gratitude for the enormous help that the British have given us.”

Sometimes I miss John McCain, even when I’m with him.

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