Legal Commentary
: TalkLeftStanding For Something
By Big Tent Democrat (index)
This post I wrote in April 2006 was, I think, the fairly standard Netroots position at the time:
What is the cost of wishiwashiness? Ask John Kerry. From the Texeira/Halpin article:
The direct consequences of the identity gap were most evident in the 2004 presidential contest. According to 2004 post-election polling, the most commonly cited reason not to vote for Kerry among Bush voters who considered voting Democratic -- in other words, the voters who turned the election to Bush -- was Kerry's "flip-flopping" on the issues. . . . Similarly, the top reason cited by white Catholics for why Kerry lost the 2004 election was that the candidate was "not clear on what he stood for" (48 percent selected this reason as one of the two top reasons Kerry lost, twice as many as selected "permissive views on issues like abortion and gay marriage" as one of the reasons).6
Glenn Greenwald's post on the issue today demonstrates how far, not in a good way, the Netroots has come on this point:
[W]hat . . . is the basis for the almost-unanimously held Beltway conventional view that Democrats generally, and Barack Obama particularly, will be politically endangered unless they adopt the Bush/Cheney approach to Terrorism and National Security, which -- for some reason -- is called "moving to the Center"? There doesn't appear to be any basis for that view. It's just an unexamined relic from past times, the immovable, uncritical assumption of Beltway strategists and pundits who can't accept that it isn't 1972 anymore -- or even 2002.
. . . One could argue that national security plays a larger role in presidential elections than in Congressional races, and that very well may be. But was John Kerry's narrow 2004 loss to George Bush due to the perception that Kerry -- who ran as fast as he could towards the mythical Center -- was Soft on Terrorism? Or was it due to the understandable belief that his rush to the Center meant that he stood for nothing, that he was afraid of his own views -- the real hallmark, the very definition, of weakness?
. . . For that reason, isn't the perception that Obama is abandoning his own core beliefs -- or, worse, that he has none -- a much greater political danger than a failure to move to the so-called "Center" by suddenly adopting Bush/Cheney Terrorism policies? As a result of Obama's reversal on FISA, his very noticeable change in approach regarding Israel, his conspicuous embrace of the Scalia/Thomas view in recent Supreme Court cases, and a general shift in tone, a very strong media narrative is arising that Obama is abandoning his core beliefs for political gain. That narrative -- that he's afraid to stand by his own beliefs -- appears far more likely to result in a perception that Obama is "Weak" than a refusal to embrace Bush/Cheney national security positions.
What's most amazing about the unexamined premise that Democrats must "move to the Center" (i.e., adopt GOP views) is that this is the same advice Democrats have been following over and over and which keeps leading to their abject failure. It's the advice Kerry followed in 2004. It's why Democrats rejected Howard Dean and chose John Kerry instead.
It is telling that Glenn and I are now voices in the wilderness on this. It was not always that way. The dangers of candidate worship.
By Big Tent Democrat, speaking for me only
Full post as published by TalkLeft on June 29, 2008 (boomark / email).

7th Circuit: No taxpayer standing in Establishment challenges to congressional grants that have been paid and expired
After Hein, taxpayers continue to have standing to sue for alleged Establishment Clause violations ...
Suspended for Not Standing During Pledge
Three students were suspended in rural Minnesota for not standing during the pledge...
Petitioner Lacks Standing Where Alleged Injuries Result from Lack of Proactive Town Action That Could Increase the Value of Petitioner?s Property
Standing to challenge decisions of planning and zoning boards and local legislative bodies can be a procedural roadblock to plaintiffs who are hoping for their ?day in court...
Recent reading: standing
Robert C. Bird, The Impact of Legal Standing Rules on Deceptive and Legitimate Advertising Activity: Two parts of this article don?t quite cohere into a whole...
New Books at the Law Library - September 2, 2008
FC145.L3 C363 2008 Canada, Parliament, House of Commons, Standing Committee on Official Languages, The Collaboration Accords Between Canadian Heritage and the Community Organizations: An Evolving Partnership: Report of the Standing Committee on Official Languages ([Ottawa]: Standing Committee on Official Languages,...
New L&C Law Scholarship: Is Scalian Standing the Latest Sighting of the Lochner-ess Monster?
Jamie Gibbs Pleune, Is Scalian Standing the Latest Sighting of the Lochner-ess Monster?: Using Global Warming to Explore the Myth of the Corporate Person , 38 Environmental Law Review 273 (2008) This Comment challenges the legal assumption that a corporation should be analogous to an individual in the standing analysis...









