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Wednesday, November 05, 2008

For what it's worth . . . .

. . . Like most conservative-leaning Americans who follow politics, I resigned myself a long time ago to the fact that, given all the givens, the Democratic Party's candidate would almost certainly be elected President.  And, I told myself ("Self,  . . . ") that I would try, notwithstanding my disappointment, to react more charitably, affably, and reasonably than (I thought) some of Pres. Bush's critics had reacted after the 2004 election.

Maybe, at some point(s), I'll impose on the Prawfs community a (I hope) respectful dissent from some of the more extravagant reactions to and interpretations of this election.  For now, though -- genuinely not wanting to stir up discord when I know that many of my friends and fellow citizens are very happy -- I don't see the point in fleshing out my regrets (regrets that are, of course, not inconsistent with an appreciation for the fact that it confirms some very good things about America and its progress).  So, I'll just record my view that, given all the political givens, the election was surprisingly close, and note that tens of millions of reasonable, fair-minded, unselfish, even-keeled, no-less-committed-to-racial-and-social justice Americans (and even a few reasonably informed and intelligent law professors!) both regard Sen. McCain as a genuine American hero who has displayed during his long career in public service a bipartisan spirit and independence that Americans claim to value in politicians and believe, upon reflection and in in good faith, that President-elect Obama's victory and agenda are not, on balance and all things considered, for the best.  But . . . we'll see.  That said, best wishes to all.

Posted by Rick Garnett on November 5, 2008 at 11:34 PM in Rick Garnett | Permalink

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Comments

"BARACK OBAMA'S TAX PLAN WILL BE AN ECONOMIC DISASTER! (Policy.)"

Bart, thank you for conceding that this is a policy argument. Some people say it's not, but rather a code-word for 'black'. (Psst, they're all liberals like you -- that was my whole point. Sorry you misunderstood that. Reasoning is a pain.)

Similarly, there's no value is saying that 'no intelligent person' endorses the Iraq war, because, once again, that's the No True Scotsman fallacy. It would be nice if you would address that point instead of writing "hugs and kisses." But I guess you have your priorities...

For the 539 economists who have endorsed McCain, on economic grounds, go here:

http://www.economistsformccain.com/McCainStatement.html#Signatories

Posted by: Lisa | Nov 12, 2008 11:49:14 PM

Dear Lisa,

The real flaw in my request is that it allows RG to cherry pick. Most Republican leaders just don't choose to oppose Barack in substantive terms, so sorry. George Will and David Broder have had a few columns that were substantive in policy criticism. How exactly could I characterize something as not policy if it was policy?

Here's the simple test: BARACK OBAMA IS A COMMUNIST TERRORIST MUSLIM BENT ON THE DESTRUCTION OF AMERICA. (Not policy.)

BARACK OBAMA'S TAX PLAN WILL BE AN ECONOMIC DISASTER! (Policy.)

See how simple it is? Even a Federalist Society member can get it.

As far as your "example: [sic] the allegation that 'socialist' is a code word for 'black'. Or how you enjoy writing that 'most intelligent people realized [the Iraq war] was an unfolding disaster.'" LOLWUT!?!?!?

Your link is to Matthew Yglesias--psst, he's a liberal. It proves, um, nothing.

I DO enjoy writing that most intelligent people realized by 2004 that the Iraq War was an unfolding disaster.

Of course, the truly perceptive such as myself and Barack Obama realized this in 2002.

Most intelligent people realized it in 2004.

The average American realized it in 2006.

By this schedule, the average conservative is due to come to grips with it in 2080.

Conveniently, this is about the time when the Republican Party is scheduled to regain political power in this country.

Hugs and kisses,

Bart

Posted by: Bart | Nov 12, 2008 5:23:01 PM

Bart, I think Prof. Garnett probably realizes by now that any 'citation to a mainstream conservative' he provides you would just be met with a response that either (a) the person was not "mainstream" or (b) the disagreement wasn't about "policy."

Example: the allegation that 'socialist' is a code word for 'black'. Or how you enjoy writing that "most intelligent people realized [the Iraq war] was an unfolding disaster."

No True Scotsman is sooooo 2003.

Posted by: Lisa | Nov 11, 2008 6:04:37 PM

Rick--That's fine. Simply cite to mainstream conservatives who did phrase opposition to Obama in terms of policy disagreements. Thanks much. Bart

Posted by: Bart | Nov 11, 2008 2:39:32 PM

Bart -- I guess my only comment is to say I'm glad you think Orin and I are intelligent. I afraid, though, that I can't offer the concession you say that I "have to" offer. Best, RG

Posted by: Rick Garnett | Nov 11, 2008 10:19:38 AM

What I find amazing is that you think there's some kind of intellectual or moral equivalency to approaching the election of Bush and that of Obama. Bush in 2004 had already launched a war that most intelligent people realized was an unfolding disaster and had only squeaked back into the White House by savagely exploiting political divisions, most notably homophobia. Obama, by contrast, won victory despite the fear mongering of the McCain campaign, and stands for positive change.

In other words, people had a legitimate reason in 2004 to fear and loathe Bush. The extreme antipathy of many on the right for President-elect Obama is much more rooted in racism, fearmongering, and xenophobia. Of course, I appreciate that you and Orin and the other ten principled, intelligent conservatives have substantive policy disagreements with Obama, but you have to concede that almost none of the opposition to him has been couched in those terms.

In fairness, I felt that McCain's concession was magnificent and he said exactly what needed to be said. But he got a lot of crazies riled up and that may still bear tragic fruit.

Comment?

Posted by: Bart | Nov 10, 2008 10:07:06 PM

You're right Anon, it wasn't very gentlemanly of Professor Garnett to bemoan how terrible Obama's election was. It seems like the least he could've done was acknowledge his candidate's defeat, mention the possibility of a future post in which he offers a respectful dissent to certain people's reactions to the election, and then offer his best wishes to everyone.

/outsarcasm'd

Posted by: Paul Washington | Nov 9, 2008 2:08:32 PM

Yeah--it's so terrible that there will actually be a president in office who cares about the environment. Tragic that all those Abramoff-inspired K-Street Project republicans are going to have so little to do now. Horrible to imagine all the workers who might get real ergonomic protections. And just look at the international reaction--how depressed the world over seems at the prospect of peace-loving neocons dispatched from DC.

Posted by: Anon | Nov 7, 2008 5:50:53 PM

What is this "supply and demand" you speak of?

Posted by: Barry O. | Nov 6, 2008 7:14:45 AM

Paul, excellent point. Yup, if McCain had actually won, we would have all been Circuit Court judges and Assistant AGs, when now you all will pretty much have to stick around as mere "law professors." Supply and demand is tricky that way, I guess.

Posted by: Orin Kerr | Nov 6, 2008 1:28:11 AM

Orin, Rick, it may be only 12 of you -- but you all got to sit on the Law Professors for McCain Committee! The disadvantage of having so many Obama supporters in the legal professoriate is that you can barely get a volunteer envelope-licking position unless your name is Cass.

Posted by: Paul Horwitz | Nov 6, 2008 1:12:40 AM

Rick,

You are not alone. Granted, maybe it's only like 12 of us out there. But you are not alone.

Posted by: Orin Kerr | Nov 6, 2008 12:58:45 AM

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