Patterico's Pontifications

10/27/2008

Judging Obama

Filed under: 2008 Election,Law — DRJ @ 9:22 pm



[Guest post by DRJ]

Northwestern Law School Prof. Steven G. Calabresi analyzes the “extreme left-wing” judges he thinks a President Obama would appoint:

“[Obama] believes — and he is quite open about this — that judges ought to decide cases in light of the empathy they ought to feel for the little guy in any lawsuit.

Speaking in July 2007 at a conference of Planned Parenthood, he said: “[W]e need somebody who’s got the heart, the empathy, to recognize what it’s like to be a young teenage mom. The empathy to understand what it’s like to be poor, or African-American, or gay, or disabled, or old. And that’s the criteria by which I’m going to be selecting my judges.”

On this view, plaintiffs should usually win against defendants in civil cases; criminals in cases against the police; consumers, employees and stockholders in suits brought against corporations; and citizens in suits brought against the government. Empathy, not justice, ought to be the mission of the federal courts, and the redistribution of wealth should be their mantra.”

There is far more at the link regarding Obama’s views and how Calabresi believes they will affect the judiciary, but the bottom line for me is Calabresi’s point that Obama doesn’t think justice should be blind … and that means there will be no justice.

— DRJ

88 Responses to “Judging Obama”

  1. The supreme court JUST voted for my gun rights, and I think ACE has the right idea. (Upgrade my closet, before Obama’s court has it’s way.)

    Earlier on talk radio it was brought up that POL-POT was the leader, but not responsible, it was his followers the khmer rouge, that killed two million of his citizens.

    Don’t forget that “volunteer” force, “funded as well as the military” that’s headed for your front door.

    Label me paranoid, but I gotta think, am I paranoid enough?

    DocJohn (5ffda5)

  2. When the legal system becomes so corrupt that justice is precluded, society will always find a way to impose justice without the need to involve the legal system.

    Another Drew (cdf426)

  3. Ping!

    “The majority is ALWAYS sane, Louis”
    L. Niven

    DocJohn (5ffda5)

  4. In other words, the law be damned!
    From the mind of a keen constitutional law “professor.”

    Perfect Sense (9d1b08)

  5. In many cases, the Law is an Ass!
    Is that why you identify with it so well?

    Another Drew (cdf426)

  6. “society will always find a way to impose justice without the need to involve the legal system”

    If you meant me, I agree entirely, and society WILL fix it!

    They’re making a grave mistake if they think I’m gonna roll over…

    DocJohn (5ffda5)

  7. Comment by DocJohn — 10/27/2008 @ 10:26 pm

    Just stating what I believe to be a universal truth.

    Another Drew (cdf426)

  8. I take it Prof. Calabresi is some sort of psychic?

    He does a wonderful job of speculation and opining and generally talking through his hat.

    Here’s another opinion, based on nothing but partisan wishful thinking: I think in an Obama presidency judges will use fairy dust and astrological charts to hand down decisions and unicorns will gallop through the courts spreading technicolor dreams of peace and love.

    And justice, DRJ, will be alive and well.

    Peter (e70d1c)

  9. Silly me. I always thought judges were supposed to decide cases based on the law and the facts. I thought justice was supposed to everyone — the rich and the poor, the powerful and the powerless — equally.

    Under Obama the blindfold comes off the statue of Lady Justice.

    aunursa (c07e29)

  10. And justice, DRJ, will be alive and well.

    Because justice doesn’t require holding to any sort of legal principles. Hope and Change are all a court needs!

    Pablo (99243e)

  11. Oh, I BELIEVE in the rule of law, if that’s what you’re asking…

    But there is a line, that I will not allow crossed. And that would be my property line – or yours…

    And I will fight to defend your rights, and the rest of the constitution, that I swore to “defend against ALL enemies…”

    And your right to speak against it.

    Activist judges, try to make law, and the citizenry, tries to live by it, but we’ll only go so far.

    Let’s don’t forget, they issue “OPINION”…

    Not law…

    DocJohn (5ffda5)

  12. Because justice doesn’t require holding to any sort of legal principles.

    Heck, who needs to deal with messy details like “legal principles” when you can spout off speculation and pour some more gasoline on the bonfire of paranoia and misinformation, as the good professor Calabresi does here to feed the extreme right wholesale acceptance that Obama is a marxist, a racist, against freedom of speech, an angry black man who hates America and looking for revenge, a friend of terrorists, a potential tin pot dictator who rules by whim and empathy even if he did have the respect of the Federalists society students at the Harvard Law Review who came away holding him in huge esteem and admiration for his leadership of that venerable institution. But again, who needs messy facts or arguments based on sound precedent and objective weighing of reality. Certainly not Professor Calabresi, who projects his own need to empathize with the agony of those on the paranoid right , by penning this peice of utter twaddle for the Wall Street Journal.

    Peter (e70d1c)

  13. Peter,

    Your wishful thinking ignores that Prof. Calabresi has relied on Obama’s own words as to how he will select judges. Unlike you, we take Obama at his word.

    DRJ (cb68f2)

  14. Comment by Peter — 10/27/2008 @ 10:55 pm

    He’s not only a Marxist, and a racist, but (here I’m taking a step, and saying it) a communist, globalist, apologist, political opportunist who is just to the right of Stalin, and to the left of Bejing…

    Kommisar Ombamski says you might just have a position in the new world order…

    I’m thinking third comrade in charge of peoples rice farm no. 431, just south of the dallas mushroom collective…

    Or would you rather be the mushroom? Need plenty of those too!

    DocJohn (5ffda5)

  15. Obama’s own words

    Thank you, forgot that for a sec…

    I remember it now, and stand by my words.

    DocJohn (5ffda5)

  16. Funny how Obama’s opponents are so much more sure of what he’s going to do when he takes office than his supporters are.

    Wonder why?

    snuffles (677ec2)

  17. Wonder why?

    Koolaid! History! Videos of camo sporting school kids! (the uniform is pretty well funded for a non-shool activity), ummm – his own words…

    How am I doing so far?

    DocJohn (5ffda5)

  18. Unlike you, we take Obama at his word.

    Unlike you, and the kindly Professor here, I’m not using thinly buttressed logic and mythology to scare people into who to vote for or against.

    The Professor’s argument here has a weak foundation and is mere opinion and speculation. He’s a professor of law and a founder of the federalist Society? He should be ashamed of himself for resorting to such lame partisan argument.

    He ends his piece with this gem: Nothing less than the very idea of liberty and the rule of law are at stake in this election.,

    Liberty for who exactly? Certainly not liberty and justice for all, but for those who oversee the unwashed ignorant masses. The corporations chiefs, the law makers, the rich and powerful and well connected.

    More scare tactics based on the flimsiest of breast beating hysterical assertions that the very foundations of the republic are at risk under an Obama presidency.

    Peter (e70d1c)

  19. Kommisar Ombamski says you might just have a position in the new world order…

    Oh absolutely DocJohn and the ObamaBot chip implanted in my head is informing me that you’re shack will not be required for absorption into the collective, although you are scheduled for a re-education / deprogramming session. Don’t worry, once you realize you’re one of us everything will make perfect sense.

    /Sarcasm

    Peter (e70d1c)

  20. He’s not only a Marxist, and a racist, but (here I’m taking a step, and saying it) a communist, globalist, apologist, political opportunist who is just to the right of Stalin, and to the left of Bejing…

    No. He is not DocJOhn, those are all extreme lies told to you by the McCain Campaign, the RNC, Sarah Palin, Michele Bachmann, Rush Limbaugh and Sean Hannity.

    Those people are just manipulating you for power and money and atttempting to frighten you.

    Think for yourself.

    Peter (e70d1c)

  21. I, as I said will be waiting at the door, knock three times… then duck, fast!

    “He’s a professor of law and a founder of the federalist Society? He should be ashamed of himself for resorting to such lame partisan argument”

    Obamaski is a teacher’s aid, NOT A LAW PROFFESOR!

    “Nothing less than the very idea of liberty and the rule of law are at stake in this election.”

    He’s quite correct, and I stand by my position, of your future position… On your knees.

    I’ll be long dead.

    DocJohn (5ffda5)

  22. Judging Obama?

    Look at the way he’s judged cuckoo bigots like Jeremiah Wright, unrepentent radicals like Bill Ayers.

    Why would Obama select jurists who’d be any different, who’d have an ounce more decency, wisdom, common sense?

    More explicitly, he has said something as laughable as: “The arguments of liberals are more often grounded in reason and fact.” But he’s so dishonest and disengenuous that he won’t come out and proclaim proudly: “I’m a liberal, I’m a leftwinger, and more power to me!!!”

    Mark (b68939)

  23. Unlike you, and the kindly Professor here, I’m not using thinly buttressed logic and mythology to scare people into who to vote for or against.

    But you can’t even acknowledge the simple fact that Obama is very, very liberal. Some may even call him an ultra-liberal. And his record indicates that he is much more dogmatic to the left than McCain is to the right.

    Mark (b68939)

  24. Hey Peter @ 10:55pm

    “Obama is a marxist, a racist, against freedom of speech, an angry black man who hates America and looking for revenge, a friend of terrorists, a potential tin pot dictator”

    I couldn’t have defined THE ONE any better:
    He is a marxist (let’s redistribute the wealth)
    He is a racist (Michele’s never been prouder)
    He is against freedom (Ask Joe the Plumber)
    He does hate America (Change, Change, Change)
    He is a friend of terrorists (Ayers,Khalidi,etc)
    He is going to be a tin pot dictator because he
    is a marxist, racist etc etc etc

    krusher (1e1e6b)

  25. Peter – Baracky said

    Speaking in July 2007 at a conference of Planned Parenthood, he said: “[W]e need somebody who’s got the heart, the empathy, to recognize what it’s like to be a young teenage mom. The empathy to understand what it’s like to be poor, or African-American, or gay, or disabled, or old. And that’s the criteria by which I’m going to be selecting my judges.”

    How is any of that relevant to the law?

    So, Peter does not like anyone to make any decisions, based on Baracky’s own words, as to what we might expect from him. So, Peter, defend Baracky’s words.

    Funny how Obama’s opponents are so much more sure of what he’s going to do when he takes office than his supporters are.

    Because you clowns do not care what he has said, and what he says. He is a symbol for you, nothing else.

    JD (5b4781)

  26. He should stay in the Senate where his empathy can be written into law – but that would require him to debate what is best with those who may have reason to disagree.

    Amphipolis (fdbc48)

  27. The empathy to understand what it’s like to be poor, or African-American, or gay, or disabled, or old. And that’s the criteria by which I’m going to be selecting my judges.”

    So, in order to have the proper empathy, Baracky will have to nominate a poor old gay black handicapable man.

    JD (5b4781)

  28. no JD, not enough victim groups in that- how about post-op female transgender, maybe even a she-male, vertically challenged, HIV positive, autistic orphan of a illegal alien latino/african american coupling. I don’t expect any repeats of a clarence thomas or janice rogers brown in any case. Maybe Lani Guinier will make it this time and she can push for her signature idea of giving each black 5-10 votes in interest of racial justice to make up for past wrongs? ok, I guess her possibility under Clinton was for AG, but Bush really thought about AG Alberto Gonzales for SCOTUS also.

    madmax333 (0c6cfc)

  29. Funny how Obama’s opponents are so much more sure of what he’s going to do when he takes office than his supporters are.

    Wonder why?

    Maybe because his opponents can read, understand the meaning of words, and apply simple logic.

    Something his supporters either can’t or won’t do.

    Steverino (db5760)

  30. Funny how Obama’s opponents are so much more sure of what he’s going to do when he takes office than his supporters are.

    Wonder why?

    Maybe because we aren’t donning the rose-colored glasses favored by the followers of the Dear Leader?

    JVW (f93297)

  31. the bottom line for me is Calabresi’s point that Obama doesn’t think justice should be blind … and that means there will be no justice. DRJ

    While politically leftist Christians and Jews often point to passages of Scripture that condemn oppression of the poor, that is not the whole story (though probably the more necessary injunction throughout the world). The Bible also says one is not to give preferential treatment to the poor just because they are poor. Justice is justice for all or not justice at all. (Does that mean I would support identical sentences for a rich person shoplifting and a poor person shoplifting a loaf of bread? Probably not, but that doesn’t mean taking bread is “OK”.)

    Since Obama’s friend Dohrn has some appointment at Northwestern’s Law School it is not surprising that there should be somebody there of sane disposition that would point this out.

    Obama has himself said he would pick Judges like Ginsberg (former lawyer for Planned Parenthood) rather than Roberts.

    MD in Philly (3d3f72)

  32. Heck, who needs to deal with messy details like “legal principles” when you can spout off speculation and pour some more gasoline on the bonfire of paranoia and misinformation, as the good professor Calabresi does here to feed the extreme right wholesale acceptance that Obama is a marxist, a racist, against freedom of speech, an angry black man who hates America and looking for revenge, a friend of terrorists, a potential tin pot dictator who rules by whim and empathy even if he did have the respect of the Federalists society students at the Harvard Law Review who came away holding him in huge esteem and admiration for his leadership of that venerable institution.

    What’s funny, Peter, is that professor Calabresi didn’t say any of that. But you did.

    And then there’s what your Messiah said, again, in his own words. We deeply disagree and I find that opinion to be a fundamental flaw in a presidential candidate.

    Pablo (99243e)

  33. He is not DocJOhn, those are all extreme lies told to you by the McCain Campaign, the RNC, Sarah Palin, Michele Bachmann, Rush Limbaugh and Sean Hannity.

    How do you know those are lies, Peter? The man has been steeped in progressivism and racialism and radicalism his entire life. And when ever you bring any evidence of that up (like the passages in his books), his camp calls it a distraction and charges you with racism. Why isn’t he talking about himself and his record and the things that shaped him? “Community Organizer” is the only thing he seems to be proud of, and he really doesn’t want anyone digging into that, either.

    Pablo (99243e)

  34. It is racist, and a distraction from the real issues, to question Teh Messiah’s actual words.

    JD (5b4781)

  35. Chicago Democratic Socialist for Obama

    With some new evidence of Baracky’s goals of redistribution.

    JD (5b4781)

  36. Of all people, from all the media outlets out there, the LA Times’ Obama beat reporter, Peter Nicholas:

    Discipline is essential for candidates who want to drive home a consistent message, or avoid the self-sabotage that comes with a careless answer. A steely perseverance helps explain why Obama at this point stands a better than even chance of becoming the 44th president. But when you’re exposed to the guy 18 hours a day, it’s a bit maddening. You want him to loosen up.

    I’ve watched Obama demonstrate a soccer kick to his daughter in Chicago; devour a cheesesteak in Philly; navigate a roller rink in Indiana; drive a bumper car; and catapult 125 feet in the air on an amusement-park ride called “Big Ben.” He’s done it all with dogged professionalism, but with little show of spontaneity. After all this time with him, I still can’t say with certainty who he is.

    Pablo (99243e)

  37. How dare he question Teh One ?!

    JD (5b4781)

  38. Because you clowns do not care what he has said, and what he says. He is a symbol for you, nothing else.

    Actually, JD, it’s because we recognize the fact that humans have free will.

    Predicting what they’ll do is best left to late night hucksters and scam artists.

    And Republican hate mongers, I guess.

    snuffles (677ec2)

  39. So his past words, actions, and positions mean nothing …

    Oh, and fuck off with the hate monger BS.

    JD (5b4781)

  40. How do you know those are lies, Peter?

    Because I’m not blinkered by desperation and fear of anything that threatens a very narrow and delicate approach to the meaning of “America” and what it means to be “American.”

    I’m afraid you folks have been so spoiled by Republican dominance over the last decade or so, that you’re unable to separate out a party ideology from a national ideology. At the very heart of this, for years now, it’s been a battle for ideological domination, oh since like Goldwater I’d say and it had it’s high tide in the Reagan years (who for all his veneration by the right, was a moderate and progressive compared to what the self-righteous smug and corrupt GOP morphed into during the 90s) and that high water mark has been eroding steadily now that well…your chickens have come home to roost and the hypocrisy and the incompetence, both geopolitically and domestically, are glaringly apparent.

    Don’t worry, the Democrats are also susceptible to this if they’re not careful, but for now they’re the only sensible alternative. This country needs to swing back to the middle (as much as the extreme right and your dear leaders in the media would have us believe the fetid rotten to the core, reprehensible belief that Stalinism is knocking on our door) and that’s what’s happening right now.

    I stand by my statements about the Professor’s article. He takes one quote, one sliver of a quote given to Planned Parenthood affirming that judges need to have life experience and wisdom and yes empathy and suddenly he throws out 200+ years of law out the window in one sentence. It’s just too simplistic and too convenient. Like fast food for the choir to crow about and get all worked up with….

    as evidenced here.

    He breeds hysteria and bravado and willful ignorance.

    This is not the argument of a man that believes in objective and well balanced arguments based on logic and he hobbles his own argument with phony fear.

    Peter (e70d1c)

  41. Peter just knows shit, man. He is smarter than everyone.

    This country needs to swing back to the middle … and that’s what’s happening right now.

    Were that the case, it should be pretty easy to show that Baracky, Pelosi, and Reid inhabit a piece of political real estate somewhere near the middle. I guess since you all enjoy redefining words it should be real easy to demonstrate that.

    This is not the argument of a man that believes in objective and well balanced arguments based on logic and he hobbles his own argument with phony fear.

    Nope, yours is the argument of an end-stage BDS sufferer, a partisan hack who enjoys burning down strawpeople.

    JD (5b4781)

  42. The empathy to understand what it’s like to be poor, or African-American, or gay, or disabled, or old. And that’s the criteria by which I’m going to be selecting my judges.”

    I am interested to learn how empathy for one side over another is a defintional, or foundational principle under the law.

    JD (5b4781)

  43. Because I’m not blinkered by desperation and fear of anything that threatens a very narrow and delicate approach to the meaning of “America” and what it means to be “American.”

    Or, you’re impervious to demonstrable facts. Which is to say that you’re blinkered indeed.

    See, when I asked you how you know those things are lies, I was hoping you’d point to what you know, because of evidence, to be the truth. You didn’t get anywhere near that bare minimum standard.

    I stand by my statements about the Professor’s article.

    You stand by your statement that he said all those things he clearly did not say? Well, that says quite a bit about you, Peter. Blinkered indeed. And apparently deluded as well.

    Pablo (99243e)

  44. So true. So accurate.

    Hey Peter @ 10:55pm

    Obama is a marxist, a racist, against freedom of speech, an angry black man who hates America and looking for revenge, a friend of terrorists, a potential tin pot dictator

    I couldn’t have defined THE ONE any better:
    He is a marxist (let’s redistribute the wealth)
    He is a racist (Michele’s never been prouder)
    He is against freedom (Ask Joe the Plumber)
    He does hate America (Change, Change, Change)
    He is a friend of terrorists (Ayers,Khalidi,etc)
    He is going to be a tin pot dictator because he
    is a marxist, racist etc etc etc

    Comment by krusher — 10/28/2008 @ 4:07 am

    Vermont Neighbor (c91cfe)

  45. Actually, JD, it’s because we recognize the fact that humans have free will.

    Predicting what they’ll do is best left to late night hucksters and scam artists.

    And voters, potential employers, investors…

    Pablo (99243e)

  46. Obama must have received an EEO Law Degree based on a quota for his color, not on his grades.

    PCD (7fe637)

  47. JD,

    The shrill and dire predictions from the Right about what President Obama will or will not do when he takes over have become shrill and ridiculous.

    I’d like to chalk it up to politics, but I’m starting to think you guys actually believe your spew.

    A scary thought.

    snuffles (677ec2)

  48. JD…

    Who are you going to believe?
    Peter, or your lying eyes?

    Another Drew (c8adc2)

  49. AD – I am not sure who to believe. I most certainly know to not believe Peter, Springer, timmah, lovie and sniffles/alphie.

    JD (5b4781)

  50. It would be difficult, using past history, to believe those individuals even if they were tied to a burning pyre.

    Another Drew (c8adc2)

  51. You stand by your statement that he said all those things he clearly did not say?

    You need to try this schtick with someone else. I can see through the professor’s BS. And yours and no, I’m not going to go finding everything Obama ever said about choosing judges to back an argument against a man, a law professor who makes a ridiculous emotional argument to scare people and preach to the choir.

    But again, please professor enlighten us on how your very own federalist society students who worked on the Harvard Law Review felt about Obama and working for him and his value as a leader and understanding of the law?

    He won’t touch that with a ten foot pole, and neither will any of you guys because it blows the professors argument out of the water and exposes it for the twadry, ignorant, mendacious BS that it is.

    But screw it. Stick this in your pipe, and Professor Calabresi’s while your at it, and smoke it:

    Bradford Berenson Harvard Law, class of ’91; associate White House counsel, 2001-’03
    Berenson:

    The law school generally at that time was riven ideologically, and not just in terms of Republican/Democrat partisan politics, but there were contending schools of legal thought at the time, represented on the faculty, that really polarized both the faculty and the student body. There was a far-left group of professors who adhered to what was known as critical legal studies, and then there were a handful of conservative professors, like Charles Fried, who had served in the Reagan administration. There were intense debates over affirmative action and race issues. This is, after all, just a few years after the end of the Reagan presidency. …

    That doesn’t mean that, day to day, people weren’t friendly to one another, but the classroom was very politicized. The debates and discussions of the law and of cases frequently pit conservatives in our class against liberals in our class, and the discussions often got quite heated. I would say the environment at Harvard Law School back then was political in a borderline unhealthy way. It was quite intense.

    … Interestingly, race was at the forefront of the agenda. There were intense debates over affirmative action that sometimes got expressed through fights over tenure decisions relating to junior faculty at the law school. There were women professors and minority professors who either had come up for tenure or were coming up for tenure, and there were big fights, on the faculty and in the law school at large, over whether they should receive tenure, whether the quality of their scholarship merited that. …

    [A]fter [Obama] became president of the Review, he was under a lot of pressure to participate and lend his voice to those debates. And he did, I think, to some degree. But I would not have described him as a campus radical or a campus political leader. He was the president of the Harvard Law Review, the leader of that organization. But, in that role, his job was to manage, in essence, a publication, and the editors who brought it forth and to do a lot of close editing of academic legal articles. …

    You don’t become president of the Harvard Law Review, no matter how political, or how liberal the place is, by virtue of affirmative action, or by virtue of not being at the very top of your class in terms of legal ability. Barack was at the very top of his class in terms of legal ability. He had a first-class legal mind and, in my view, was selected to be president of the Review entirely on his merits.

    … I never regarded him as kind of a racial special pleader, or a person looking for race-based benefits, either for himself or others. I think as a policy matter, he supported affirmative action and believed in the arguments for it. But unlike many people on the left, he was also willing to acknowledge that it had costs, and he could at least appreciate the arguments on the other side. …

    Just in a political sense, what kind of a person were you looking for [to serve as president]? …

    The block of conservatives on the Law Review my year I think was eager to avoid having any of the most political people on the left govern the Review. I mean, the first bedrock criterion, I think for almost all of the editors, was to have somebody with an absolutely first-rate legal mind who would be able to engage competently with the nation’s top legal scholars on their scholarship and on these articles, and who would provide the intellectual leadership for the Review that it always needed. That was non-negotiable for almost everybody right or left.

    But there were a number of people that would have met that criterion. There were at least a large handful who probably had the intellectual and personal characteristics to be good leaders of the Review. From among those, the conservatives were eager to have somebody who would treat them fairly, who would listen to what they had to say, who would not abuse the powers of the office to favor his ideological soul mates and punish those who had different views. Somebody who would basically play it straight, I think was really what we were looking for.

    Was that hard to find?

    It was very hard to find. And ultimately, the conservatives on the Review supported Barack as president in the final rounds of balloting because he fit that bill far better than the other people who were running. …

    We had all worked with him over the course of a year. And we had all spent countless hours in the presence of Barack, as well as others of our colleagues who were running, in Gannett House [the Law Review offices], and so you get a pretty good sense of people over the course of a year of late nights working on the Review. You know who the rabble-rousers are. You know who the people are who are blinded by their politics. And you know who the people are who, despite their politics, can reach across and be friendly to and make friends with folks who have different views. And Barack very much fell into the latter category. …

    [After Obama is selected,] he does a very able job as president. Puts out what I think was a very good volume of the Review. Does a great job managing the difficult and complicated interpersonal dynamics on the Review. And manages somehow, in an extremely fractious group, to keep everybody almost happy.

    Some of the people who are not as happy as others, I think much to their surprise, are some of the African American people who believe that now it’s their turn.

    Absolutely right, absolutely right. I think Barack took 10 times as much grief from those on the left on the Review as from those of us on the right. And the reason was, I think there was an expectation among those editors on the left that he would affirmatively use the modest powers of his position to advance the cause, whatever that was. They thought, you know, finally there’s an African American president of the Harvard Law Review; it’s our turn, and he should aggressively use this position, and his authority and his bully pulpit to advance the political or philosophical causes that we all believe in.

    And Barack was reluctant to do that. It’s not that he was out of sympathy with their views, but his first and foremost goal, it always seemed to me, was to put out a first-rate publication. And he was not going to let politics or ideology get in the way of doing that. …

    He had some discretion as president to exercise an element of choice for certain of the positions on the masthead; it wasn’t wide discretion, but he had some. And I think a lot of the minority editors on the Review expected him to use that discretion to the maximum extent possible to empower them. To put them in leadership positions, to burnish their resumes, and to give them a chance to help him and help guide the Review. He didn’t do that. He declined to exercise that discretion to disrupt the results of votes or of tests that were taken by various people to assess their fitness for leadership positions.

    He was unwilling to undermine, based on the way I viewed it, meritocratic outcomes or democratic outcomes in order to advance a racial agenda. That earned him a lot of recrimination and criticism from some on the left, particularly some of the minority editors of the Review. …

    It confirmed the hope that I and others had had at the time of the election that he would basically be an honest broker, that he would not let ideology or politics blind him to the enduring institutional interests of the Review. It told me that he valued the success of his own presidency of the Review above scoring political points of currying favor with his political su

    pporters.

    Source:

    http://www.pbs.org/wgbh/pages/frontline/choice2008/obama/harvard.html

    More:

    http://www.lawschooldems.org/index.php/dave/57-lawobama

    http://socialize.morningstar.com/NewSocialize/forums/thread/2579832.aspx


    Former staffer Michael Froman, now a corporate executive who has supported Democratic presidential candidates, agreed that in 1990 and 1991 — the period that Obama led the law review — much of the staff’s right wing “felt comfortable” with Obama as their leader, even those in the conservative Federalist Society.

    “It’s funny,” Froman said, “but it’s the same thing I hear now from some conservative friends of mine — not that they agree with him on policy but that they feel he hears them out. Unlike some of the firebrands on both the left and the right, he was just a very good listener.”

    Source:

    http://findarticles.com/p/articles/mi_qn4188/is_/ai_n17159310

    Kenneth W. Mack, now a law professor at Harvard, said Obama stood out from the beginning. “He seemed more mature,” Mack said. “Everyone understood he was a liberal. He didn’t hide that.

    “We had opinions, and we argued. But he was always able to make common ground,” Mack said.

    Under Obama’s presidency, the review tackled several delicate racial issues, including allegations that black males, or “invisible men,” were inadequately protected by civil rights laws, and the plight of black women giving birth to crack-addicted babies.

    The review also panned a biography by a white writer about former slave and abolitionist Frederick Douglass, saying not enough blacks were quoted.

    Obama too was criticized at the time. Christine Lee Spurell, a black classmate who is now a public defender in Abingdon, Va., was upset he did not name other blacks to the law review’s masthead.

    But today she believes he was trying to build the best staff. “He had to make hard decisions,” she said. “And he made them correctly.”

    http://articles.latimes.com/2007/jan/27/nation/na-obama27

    http://articles.latimes.com/2007/jan/27/nation/na-obama27

    Any questions? Didn’t think so. I hope reality doesn’t upset you guys too much from this little hothouse of superstition, paranoia, lies and fantasies (delusions really) of bravado and individualism and freedom.

    Peter (e70d1c)

  52. I am flabbergasted at the utter dishonesty displayed by snuffles and Peter.

    Here we have Obama saying he’s going to do something, and the reaction from them is as follows:

    Peter: It’s all partisan hackery and lies!

    Snuffles: You have no way of knowing what someone will do.

    I want to drink whatever it is they’ve been drinking, so I can become equally divorced from reality.

    Steverino (db5760)

  53. Further to MD’s Comment 31, Obama either really did not hear Reverend Wright, or Reverend Wright had another agenda. There are REPEATED Bible orders to be completely impartial in matters involving disputes between the rich and poor:

    “You shall not follow the masses in doing evil, nor shall you testify in a dispute so as to turn aside after a multitude in order to pervert justice; nor shall you be partial to a poor man in his dispute.” Exodus 23:2-3.

    “Thou shalt not pervert the judgement of thy poor in his causes.” Exodus 23:6

    “Ye shall do no unrighteousness in judgement; thou shalt not respect the person of the poor, nor favour the person of the mighty, but in righteousness shalt thou judge thy neighbour.” Leviticus 19:15

    ” Ye shall not respect persons in judgment; but ye shall hear the small as well as the great.” Deuteronomy 1:17

    “Thou shalt not pervert judgement; Thou shalt not respect persons.” Deuteronomy 16:19

    Ira (28a423)

  54. Peter also ignores the evidence provided in the WBEZ interview that surfaced about Obama’s disappointments with the Warren Court and it’s unwillingness to go far enough into redistributive change.

    Another clue Peter and snuffles fail to connect here. Code words for socialism that they won’t acknowledge.

    daleyrocks (60704b)

  55. Peter – Obama and the Law Review – Putney Swope!

    daleyrocks (60704b)

  56. Code words for socialism that they won’t acknowledge.

    Geez, daley.

    Codewords for Socialism?

    You are a prime example of the joke that the American Right has become.

    snuffles (677ec2)

  57. Daley – socialism is a codeword for black.

    Racist

    JD (5f0e11)

  58. snuffles did not get daleyrocks’ reference. That is hilarious. What a tool.

    SPQR (26be8b)

  59. He had to blow his nose, and his IQ dropped 80 points.

    Another Drew (c8adc2)

  60. Comment by Ira — 10/28/2008 @ 12:52 pm

    Thanks for the follow up. The passage in Leviticus is the one I had in mind. The specific references to “the masses” and “the multitude” in Exodus 23 seem very appropriate when thinking of elections and politics.

    MD in Philly (3d3f72)

  61. You need to try this schtick with someone else.

    You’re right, Peter. I should ask such questions of someone who isn’t a bald faced liar. Asking them of blinkered old you is a waste of time.

    You said he said things he did not say. Then you said you stand by your statements. Then, when challenged on that, you dodged.

    You need to try that schtick somewhere else. It ain’t gonna sell here.

    Pablo (99243e)

  62. Read my last comment Pablo. based on real sound and sober verifiable accounts from interviews of conservative right wing individuals who’ve worked with Obama and have seen first hand his sound and sober bipartisan objectivity and his superb competent leadership of both sides of the ideological spectrum.

    You, and your brethren would be lucky to have a president as fair and capable as Obama. Thing is you probably don’t even deserve it. You’d rather 4 to 8 more years of obstruction and failure and destruction of American lives, both here and in Iraq or Iran, so that the rich can keep their tax cuts and the Free market demagogues can pretend the Reagan revolution still lives.

    Peter (e70d1c)

  63. based on real sound and sober verifiable accounts from interviews of conservative right wing individuals who’ve worked with Obama and have seen first hand his sound and sober bipartisan objectivity and his superb competent leadership of both sides of the ideological spectrum.

    Peter, please tell us how that has anything whatsoever to do with Calabresi’s thesis; how it rebuts it in any manner. (Hint: It doesn’t. Maybe you should try praising O!’s jump shot instead.)

    From the one conservative I can see who says anything like what you’re asserting:

    They thought, you know, finally there’s an African American president of the Harvard Law Review; it’s our turn, and he should aggressively use this position, and his authority and his bully pulpit to advance the political or philosophical causes that we all believe in.

    And Barack was reluctant to do that. It’s not that he was out of sympathy with their views, but his first and foremost goal, it always seemed to me, was to put out a first-rate publication. And he was not going to let politics or ideology get in the way of doing that. …

    Guess what? Being POTUS is not putting out a legal publication. Politics and ideology are the forefront and the underpinnings of that job.

    Your second paragraph is projected twaddle; a waste of your time and mine.

    Pablo (99243e)

  64. I like how the trolls come here warning about “right wing lies about the dangers of an Obama Administration”, but 100:1 odds, ask them to describe “BusHitler’s IMPERIALISTIC FACISTIC POLICE-STATE ruled by the RethugliKKKan Party” and we’d be here all night.

    Techie (62bc5d)

  65. While we’re on the subject of partisans who have worked with Obama and his “sound and sober bipartisan objectivity and his superb competent leadership of both sides of the ideological spectrum”, we should check in with Wendy Button.

    The final straw came the other week when Samuel Joseph Wurzelbacher (a.k.a Joe the Plumber) asked a question about higher taxes for small businesses. Instead of celebrating his aspirations, they were mocked. He wasn’t “a real plumber,” and “They’re fighting for Joe the Hedge-Fund manager,” and the patronizing, “I’ve got nothing but love for Joe the Plumber.”

    Having worked in politics, I know that absolutely none of this is on the level. This back and forth is posturing, a charade, and a political game. These lines are what I refer to as “hooker lines”—a sure thing to get applause and the press to scribble as if they’re reporting meaningful news.

    Pablo (99243e)

  66. Politics and ideology are the forefront and the underpinnings of that job.

    Well that’s the difference between a good president and a bad one and the negative and disastrous results of using the position predominantly to further politics and ideology at every step of the process, as the Bush junta has done, have never been more obvious.

    This is excellent first hand concrete proof that he is a leader beholden to all and able to listen and keep his eye on the goal, whether that be put out a good publication of the HLR or whatever it is that will be at hand as president. But you refuse to believe this for one second, because you, sir are the one who is ideologically blind to the facts and willing to buy into the prof’s anecdotal and poorly constructed argument based on thin proof.

    Peter (e70d1c)

  67. Unless you have concrete proof from either the Professor or other parties with first hand knowledge that counters the evidence I’ve put forth me doth think you’ve basically lost this argument. So either offer up such concrete knowledge or stop telling me I’m wrong just cos you think so.

    Peter (e70d1c)

  68. Peter wrote..

    Well that’s the difference between a good president and a bad one and the negative and disastrous results of using the position predominantly to further politics and ideology at every step of the process, as the Bush junta has done, have never been more obvious.

    So, tell me Peter, if giving Ted Kennedy carte blanc in education, or, if failing to hold spending, both of which would go against both politics and ideology in the Republican Party, is “at every step in the process” what would you actually mean by that???

    If Bush had held spending in check, the economy would have survived the housing credit crisis, and the oil price crisis, because of the strength of the economy….

    Or, if he had bludgened the Republican congress in his first two years to open drilling, that would have countered the oil problem before it happened, but, he didn’t follow politics or ideology there either, did he???

    That’s what happens when you accuse others of doing what you do..it’s called projection, and you are completely guilty of that here….

    reff (556669)

  69. we should check in with Wendy Button.

    She seems disgusted and annoyed with the whole election, Republican and Democrat and I can’t say I blame her. I’m pretty sick of it myself and just want the damned thing to be over with already…

    But, really nothing there about Obama’s approach to the law or his leadership style. It is a generalized rant.

    Really, it’s silly you think that proves anything either way.

    Peter (e70d1c)

  70. I guess it is convenient for Peter to ignore Baracky’s actual words, as they are tougher to defend. The strawmen do not fight back.

    Plus, tossing around words like theocracy and junta is just fun …

    Give us an example of actual real world reach across the aisle bipartisanship, Peter.

    You must ignore that which is critical of Teh One.

    JD (5b4781)

  71. That’s what happens when you accuse others of doing what you do..it’s called projection, and you are completely guilty of that here….

    Are you for real? The Bush administration did not take step one, without consulting with the neocon wizards who injected their ideology and poison and failure into everything from FEMA to the CIA, to the DOJ, to the SEC to the the frigin’ EPA.

    Rubber stamp congress for six years!! Six years and you’re telling me that “oh if he’s followed his ideology the financial crisis wouldn’t have happened??” Guy, that is exactly why the financial crisis happened and why gas prices went through the roof and why the economy has tanked and why a flawed war is still raging.

    That is the most convoluted bit of nonsense I read in a while.

    What will it take for the right to ever accept responsibility for its failures?

    Peter (e70d1c)

  72. theocracy

    I never used that word and what will it take for you to stop pushing total all out BS as gospel. Read what I wrote and the interview with Berenson of the Harvard federalist Society.

    Peter (e70d1c)

  73. Who gives a shit about what he did in some college society? What has he done since? What has he done in the service of his constituents? What has he done in service of his country?

    That he was nice to a Republican while in college falls woefully short of being proof. Plus, you still fail to address how empathy for blacks, women, the elderly, disabled, etc … is any kind of defining feature and important quality in being a judge, Baracky’s standard. Will his judges give preferences to black over whites? Women over men? People over companies? Old over young?

    Simply screaming and calling people name does not an argument make, Peter.

    JD (5b4781)

  74. The Bush administration did not take step one, without consulting with the neocon wizards who injected their ideology and poison and failure into everything from FEMA to the CIA, to the DOJ, to the SEC to the the frigin’ EPA.

    Cite, please.

    JD (5b4781)

  75. JD…don’t waste your time…I gave him exact examples, and he went on his ideological rant…

    Hey, isn’t that racist now, to be ideological???

    reff (556669)

  76. Wait, and I forgot to denounce myself…

    reff (556669)

  77. Cite, please.

    FEMA – Cronyism, slashed funds, Gross and criminal negligence and mismanagement.

    A crony with no relevant experience was installed as head of FEMA. Mitigation budgets for New Orleans were slashed even though it was known to be one of the top three risks in the country. FEMA was deliberately downsized as part of the Bush administration’s conservative agenda to reduce the role of government. After DHS was created, FEMA’s preparation and planning functions were taken away.

    CIA – Manipulation of Intel and WH pressure to force a connection between Iraq and AQ. Pro-Bush doctrine Cheney man Porter Goss (the Michael Brown of the of the CIA) made director and agents w/o the proper “loyalty” were forced out or asked to resign. Porter Goss was subsequently forced to resign himself (due possibly to some connection to Duke Cunningham,) leaving the agency crippled and without some of it’s more experienced people.

    The politicization of the CIA undoubtedly hurt its capacity. Morale is lower and losing the institutional memory, expertise, and human capital associated with 20 of the top career managers at CIA has hurt the agency.

    DOJ – Alberto Gonzalez (the Michael Brown of the DOJ.) What can possibly be left to say about the gross incompetence of this man and his being at the whim and call of Karl Rove and the firing of 8 U.S. Attorneys, again, deemed not to be politically loyal enough to Bush Republicans. His DOJ tenure is under ongoing investigation and there’s a good chance someone is going to be charged.

    SEC

    The Securities and Exchange Commission has come under intense pressure from business and some members of the Bush administration to water down proposed rule changes in the way corporate boards are elected, mutual funds are governed and hedge funds are regulated.

    EPA – They deny California’s higher CAFE standards and the excuse being that they must abide by national standards for car emissions in a victory for the automobile manufacturers who ironically end up not having to focus as much on more energy efficient cars or hybrids (this was before gas prices went through the roof.

    This article does a nice job of showing the widespread politicization campaign always seeking to appoint incompetent loyalists. You know, cos government doesn’t really matter and if someone’s going to be collecting a fat government check it better be a Bush Republican:

    How Many More Mike Browns Are Out There?

    Peter (e70d1c)

  78. Once again, Peter, your “cites” don’t support your nonsense. None of those citations list anyone who actually is a “neoconservative”.

    And once again, it is clear that you assembled those links by using google, but not by actually reading them.

    I think the SEC link you have there is a great example, it does nothing more than describe lobbying on rule making. Nothing in it supports any of your hyperactive exaggerations.

    SPQR (26be8b)

  79. Oh, and Peter, don’t think we didn’t notice that for a claim about the CIA being pressured to link AQ to Iraq you cited a link that has absolutely no factual basis, and more importantly discusses Porter Goss’ appointment which took place long after the invasion of Iraq you idiot.

    Typical Peter. You can’t back up anything you say, and when you try, you make yourself look like a blithering moron.

    SPQR (26be8b)

  80. Peter – Transparent attempt at backfilling a bad argument.

    Didn’t work.

    daleyrocks (60704b)

  81. daleyrocks, the part where he uses Porter Goss as an example of cronyism showed just how freakin’ ignorant he was of the Bush administration and of Porter Goss ( neither of which is a surprise ).

    Of course, all of his argument did. Look at the bizarre corners of the earth he had to go to find that dreck.

    SPQR (26be8b)

  82. Not only did it not work, but it has now forever landed you in the incompetent lying hack category AND the Gren Gleeeeeeeeeeeeeeeeenwald School of Linking. You should have higher aspirations than that.

    JD (5b4781)

  83. She seems disgusted and annoyed with the whole election, Republican and Democrat and I can’t say I blame her.

    No, she seems disgusted with the Democrats and about to vote McCain/Palin. Maybe you should have someone read her piece to you…slowly.

    Pablo (99243e)

  84. Politics and ideology are the forefront and the underpinnings of that job.

    Well that’s the difference between a good president and a bad one and the negative and disastrous results of using the position predominantly to further politics and ideology at every step of the process, as the Bush junta has done, have never been more obvious.

    No, that’s a stone fact, to which you seem oblivious. Always has been, always will be. And if you think Obama is any different, you’re brain dead. Do you have someone nearby that can check you for a pulse?

    Pablo (99243e)

  85. I never used that word…

    But you don’t mind attributing thing to Professor Calabresi that he never said. Save it, hypocrite.

    Pablo (99243e)

  86. Yeah, it just goes to show you guys are a bunch of vultures. I proved my point about the Professor in spades. He is a partisan hack. The Professor spouted off talking points and implied the very same BS that the RNC and the McCain Campaign now in its death throes have spouted off everyday for months on the merest of quotes. I guess he would have that judges not have any life experiences or empathy or understanding of human nature or compassion, which is just so dumb I can’t believe it. I guess judges should all be privileged guys who went to Ivy League colleges and have never faced a serious crisis or understand the meaning of compassion.

    And JD, I could have easily repeated all the ideological crap Bush and his lackey’s have injected into those agencies off the top of my head, but it seems that I’m expected to have perfect command of every single detail so I provided those links. So I’m damned if I do and damned if I don’t and SPQR if I had a nickel for every time you told someone they didn’t now what they were talking about….

    Porter Goss is and was a Bush/Cheney stooge, which is why he had to resign in shame and surrounded by rumors of impropriety. I think someone in the agency basically blackmailed him because he was such a POS and he was ruining their operational capabilities, but that’s just my theory.

    I’m done with this thread, ass clowns. Once again you emerge out of your little car and prove yourselves to be a bunch of clueless Mike Browns with so much loyalty to the cause, but simply no brain power or talent to back it up.

    Good night.

    Peter (e70d1c)

  87. Oh, Peter has left in a huff.
    What’s the +/- on if he’ll come back?
    It would be a shame if all we had to talk to was lovie.
    (((put compassion back into lock-box)))

    Another Drew (d394a6)

  88. I proved my point about the Professor in spades

    Maybe to yourself. Obviously, not to anyone here.

    The Professor spouted off talking points

    If Baracky’s own fucking words are now talking points to you, then yes, that is what he did.

    And JD, I could have easily repeated all the ideological crap Bush and his lackey’s have injected into those agencies off the top of my head

    Bullshit. You couldn’t even do it with your purported links. You asserted something as fact that in reality, is nothing other than a fevered BDS opinion.

    JD (5b4781)


Powered by WordPress.

Page loaded in: 0.1029 secs.