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Legal Commentary

: Althouse

Birthers aren't like Truthers.

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There's a new poll showing that a majority of Republicans doubt that President Obama was born in the United States. Are they paranoid-type thinkers, like the 9/11 Truthers, looking for things to connect up and suspecting that conspiracies lie underneath things that other people think are as they've been presented in the media?

I think we need to see that they are not. They have one issue. One question. They have suspicion about one thing, and that suspicion notably hasn't led them into other theories. There's one factual issue ? the immensely important matter of the President's qualification ? that hasn't been nailed down to their satisfaction.

It's perfectly rational to take as your working theory that evidence that isn't produced would run counter to the interest of the party who could produce it and does not. In legal cases, if a party fails to produce a document requested in discovery, the judge can deem that the fact is established to be what the party seeking discovery is trying to prove. (See Federal Rules of Civil Procedure 37(b)2)(A)(i)).

All I'm saying is that it's not paranoid to answer the question the way the majority did in that poll. I haven't followed the so-called "birthers" that much. Presumably, some of them branch out into other theories and cross over into conspiracy thinking and paranoia. But it's absurd to read the poll results as a sign that the GOP is full of folks like that. If you really wanted to gauge the nuttiness of Republicans, you could do a much more fine-grained poll about what Republicans believe and how strongly the birther issue correlates to other beliefs.

Full post as published by Althouse on February 16, 2011 (boomark / email).

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