Hillary Clinton
The Associated Press

In it to win it ... still.

Featured Topic | Posted 16 weeks 19 hours ago

Obama looks like the nominee. So why won't Hillary Clinton quit?

They started writing Hillary Clinton's political obituary after the Iowa caucuses. Then she won New Hampshire. They tried again after Super Tuesday. And still she fought on. Now Clinton has failed to score any kind of knockout blow against Barack Obama in the North Carolina and Indiana primaries. Once again, the pundits are saying its over.

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Ben likes: The nominee?

Jonathan V. Last/The Weekly Standard

The general consensus seems to be that last night's results settled the Democratic nomination fight. But I'm not exactly sure why that is.

For months now--since South Carolina--it has been pretty obvious which states Obama would win and which Clinton would carry. It seemed clear all along that Obama would win North Carolina comfortably and that Clinton would take Indiana by a close margin. And that's what happened yesterday. So why all the talk about how the race is finished now? Look: If you believed that the nomination fight was signed, sealed, and delivered before yesterday, that's a perfectly reasonable position and the results only confirm your theory. After all, because of the way Democrats apportion delegates, the pledged delegate lead has been out of Clinton's reach since early February--something everyone watching the campaign has long understood. But if you thought that Clinton had a small, but viable, chance to sway superdelegates at the convention by making the case of a popular vote victory, then I'm not sure how last night changed anything.

In other words, it's not clear how yesterday changes anything. The candidates performed roughly to expectations and the next three weeks are going to be a gauntlet for Obama as he gets clobbered in one place after another--all while being touted as "The Nominee." What has been Clinton's gambit since February--her attempt to be leading at least two of the popular vote counts by the time of the convention--will finally be given the chance to mature as she has a string of contests with very favorable demographics. It seems to me that there's no reason for her to quit now and every reason for her to stay in the race. And that this gambit has as much chance of succeeding today as it did on Monday.

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Joel likes: The irony of the end

Kyle E. Moore/Comments from Left Field

At this point, Hillary Clinton's arguments have all been shot down. Florida and Michigan will no longer save her, she has no hope of winning the pledged delegate lead, and she has no hope of winning the popular vote. By contrast, Obama has proven that even when his campaign is getting kicked around and beaten with baseball bats, he can still perform, and he can still come up with a meaningful as opposed to a symbolic win.

There is a way for her to remain in the race, and not do herself, her party, and the eventual nominee harm, and that would be to go 100% against McCain. Stay in the race, ignore Obama, and let's have  instead of a two on one gang up on Obama, a two on one gang up on McCain. Under these conditions, I would be more than happy for Mrs. Clinton to remain in the race, it would give the voters in the remaining states a sense that they are contributing, and hopefully create more excitement for the eventual nominee, and it would double the intensity of attacks on McCain, and hopefully, for the first time since McCain looked to be a doomed candidate late last year, actually force the media to put him in the hotseat.

But barring that, the race is over.

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Samuel Alito and John Roberts
The Associated Press

Justice Samuel Alito, left, and Chief Justice John Roberts, with their families at a White House reception.

Featured Topic | Posted 16 weeks 1 day ago

Could America use more Robertses and Alitos on the bench?

Highlighting an issue he plans to use aggressively in the general election campaign, John McCain on Tuesday decried "the common and systematic abuse of our federal courts by the people we entrust with judicial power" and pledged to nominate judges similar to the ones President Bush has placed on the bench.

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Ben likes: Judicial promise

National Review

The future direction of the Supreme Court is very much at stake in this November’s presidential election. The two or three justices most likely to depart the Court over the next four years -- Justice Stevens, Justice Ginsburg, and possibly Justice Souter -- are liberal judicial activists who routinely read their own policy preferences into the Constitution and who selectively regard their own favored precedents as sacrosanct. If a President Obama or a President Clinton names their successors, the slender operating majority on the Court for liberal activist results on most contentious political issues is likely to be preserved for at least another generation. By contrast, a president committed to nominate, and fight for, justices who will practice judicial restraint offers real hope that the Court may soon be restored to its proper role in our constitutional system. In his speech today, John McCain has provided encouraging evidence that he would be that president. One speech, of course, does not a campaign -- or a Supreme Court appointment -- make. John McCain needs to continue to make the case for judicial restraint and to draw the stark contrast between his views and his Democratic opponent’s on the proper role of the judiciary. If elected, he will need to populate key judge-picking positions -- including the White House counsel and the attorney general -- with experienced advisers committed to his stated goals. (We would rest easier if he threw out a few names now.) And he will need to be ready to devote a lot of political capital to defeat intransigent Democratic opposition in the Senate. Conservatives, for their part, need to do what we can to help McCain live up to his promises.

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Joel likes: McCain's code words

Doug Kendall/Huffington Post

If the proper role of the judiciary is going to be one of "the defining issues of this presidential election," as John McCain asserted today, he should try to develop a coherent position on the topic.

At his speech in North Carolina, McCain expressed his opposition to judges who issue opinions "wandering farther and farther from the clear meanings of the Constitution" and who solve "policy questions that should be decided democratically."

The problem is that the justices McCain hails as the paragons of constitutional fidelity and judicial restraint -- John Roberts and Samuel Alito -- have been quite activist in a number of cases, departing from the Constitution's text and history and sharply limiting important federal, state, and local laws passed by overwhelming popular majorities.

John McCain knows this, of course, because one of the better examples is FEC v. Wisconsin Right to Life, a 5-4 opinion written by Roberts in 2007 which defangs the limits on corporate issue ads imposed by the McCain/Feingold Bipartisan Campaign Reform Act. McCain initiated the suit against Wisconsin Right to Life and when the Court limited his law he called its opinion "regrettable." He is right about that.

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Birth control
The Associated Press

Protected, for now.

Featured Topic | Posted 16 weeks 1 day ago

Do women have a right to birth control?

More than 40 years ago, the U.S. Supreme Court ruled in Griswold v. Connecticut that a right to privacy protected the right of married couples to purchase and use birth control. But the last battle has not been fought: Last week, a federal appeals court said the State of Washington cannot yet enforce a law that requires pharmacies to dispense contraceptives over the objections of pro-life pharmacists.

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Ben likes: The myth of a right to privacy

Rich Lowry/National Review

The mischief began 40 years ago in the case Griswold v. Connecticut, when the Court struck down a prohibition on contraceptives on the basis of a "right to marital privacy." The bit about "marital" was quickly dropped, and the new discovery became a general right to privacy.

In Griswold, the Court suggested the right might be found in the First, Third, Fourth, Fifth and/or Ninth Amendments. In other words, it must be there somewhere, anywhere. But since the right to privacy is nowhere mentioned, the Court had to contend that it resides in "penumbras formed by emanations." In layman's terms, that means in partial shadows formed by emissions, which it doesn't take a constitutional scholar to conclude sounds pretty vaporous.

If Connecticut's contraceptive law was outdated and purposeless, the answer was simple: for voters to overturn it. Both the dissenters in the case, Justices Hugo Black and Potter Stewart noted that they opposed the Connecticut policy, but that didn't make it unconstitutional.

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Joel likes: Public triumphs, private rights

Ms. Magazine

Although the Constitution and the Bill of Rights do not explicitly guarantee privacy rights to individuals, such rights are implicit within the documents. The landmark ruling in Griswold v. Connecticut paved the way for Eisenstadt v. Baird, the 1972 Supreme Court decision that extended these same privacy protections — and thus the right to obtain birth control — to unmarried women. It opened the door the following year to the historic ruling in Roe v. Wade, which expanded the privacy doctrine to abortion, granting women and their doctors the legal right not just to prevent, but also to terminate, unwanted early pregnancies.

Before birth control and abortion were legally and readily available, the average woman would become pregnant between 12 and 15 times in her lifetime. Even today in the United States, nearly half of all pregnancies remain unintended, and nearly half of those result in abortion. This is why polls show that the vast majority of Americans reject the extremism of a determined minority and do not want the Supreme Court decisions that protect their private decisions to be overturned. Doctrines of privacy and equality for women are simply not separable: Eroding one imperils the other.

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Money, cash money
The Associated Press

Americans believe the economy is in a recession. But is it true?

Featured Topic | Posted 16 weeks 1 day ago

Is economic gloom and doom overblown?

CNN

Just how bad is the U.S. economy? Who's asking? More important, who's answering?

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Ben likes: No recession

Brian Wesbury/First Trust Advisors

The conventional wisdom is not always wrong. But because it depends so much on emotion, it can often mislead. As a result, it is in times like these that economic fundamentals become so important. Rather than dwelling on the bad news coming from the financial and housing sectors, we believe it is important to look at the underlying drivers of the economy. And those look very solid.

Back in 2002-03, the household measure of civilian employment was much stronger than the payroll survey, signaling economic recovery.  However, at the time, many prominent economists, including Alan Greenspan, (wrongly) argued that the payroll survey was right about the economy, not the household survey.

Then, in late 2007, the household survey was weaker than payroll growth, signaling slower growth and gaining some adherents now that it was showing weakness. But in the past few months, the household survey -- which we have followed closely all along -- has turned up strongly. In the first four months of 2008, when the payrolls survey shows a loss of 65,000 jobs per month, the household survey shows a gain of 179,000 per month.

Look for more positive economic data in the months ahead, as the most predicted recession in U.S. history never comes to pass.    

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Joel likes: How Wall Street gravely damaged the economy

Kevin Phillips/The American Prospect

As of spring 2008, we're probably just a third of the way through the unfolding debacle in the housing, credit, and financial markets. In political and regulatory terms, the ultimate problems and remedies have only begun to define themselves.

We're not just looking at an ordinary recession. Since the 1970s, the United States has redefined itself from a manufacturing nation to a financial economy built on debt, leverage, and a considerable ratio of speculation. Both political parties have been complicit in this, and the downturn now beginning will be unusual and potentially tragic.

The lesson of history is that previous leading world economic powers, from Rome and Imperial Spain to the Netherlands (back when New York was New Amsterdam) and early 20th-century Britain, have been unable to reform themselves in time to avoid decline. Politics has failed in the face of entrenched interests. In the process, excessive debt and dependence on finance rather than production has been front and center. New nations move to the head of the line -- and these days we can see Asia smiling.

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William Lynd
The Associated Press

William Lynd is scheduled to be executed for murder.

Featured Topic | Posted 16 weeks 1 day ago

Does the death penalty make us safe?

If all goes as planned, Georgia will execute William Lynd tonight for the crime of killing his girlfriend in 1988.

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Ben likes: Why would anybody support the death penalty?

Andrew Tallman/Townhall.com

Retribution is the goal of restoring the scales of moral justice to balance as possible. 

What, then, is the proper retribution for murder? As death penalty opponents are so fond of saying, “Executing the murderer will not bring his victim back to life.” That, of course, is true. It’s just as true, however, that giving him LIPWTPP will also fail to accomplish a resurrection. And that’s the point. There is simply nothing the murderer can do to truly restore the social fabric to the status quo ante for the obvious reason that there is no way to replace missing people. Nonetheless, as history and the Bible so clearly have held, blood alone can atone for shed blood. By requiring his life of him, we make him pay the only correct price and force him to fully pay it. This balances both the moral fabric as well as the murderer’s personal register.

Once we comprehend this distinction between murder and all other crimes (which can be restituted for), it should be clear that retribution not only justifies execution, it requires it. Execution is the only correct penalty-in-kind for murder, and retribution is the only value so far analyzed which justifies taking this most precious of payments from someone.

 

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Joel likes: Cruel and unusual punishment

Billy Sothern/The Nation

With several more executions lined up in death-penalty states across the country, it is important to once again focus the debate on the stark reality that the death penalty extinguishes the lives of breathing, joking, flawed and thoroughly human beings. Even if the means of taking those lives were as gentle as touching the forehead of the condemned, the ultimate challenge to our humanity would be just as vivid as a gallows, a guillotine or a firing squad.

Methods of execution that force us to confront the brutality of what we are doing more honestly express both society's rage against crime and the brutality of its consequences. For instance, there was the misery of Allen Lee "Tiny" Davis's execution in a Florida electric chair, when blood poured from his head and his contorted face could be seen through the poorly fitted mask as he struggled to stay alive, breathing ten breaths after the electricity stopped. Or the flames that sometimes shoot from the orifices of people in the electric chair. Or the extended "cut down" procedures necessary for inmates with bad veins who are being killed by lethal injection. Or the humiliating bowel releases of people hanged in the public square.

As our country resumes executions following the Baze decision, we must be mindful of the fact that extinguishing the life of a healthy person who wants to live cannot be done without violence. Whether William Lynd is led kicking and screaming to the gallows in a public square or goes to his death quietly, without any expression of pain as he succumbs to the poison flowing unseen in his bloodstream--he has not died peacefully. And we should know that--no matter the manner of execution--he never will.

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