Saturday, October 18, 2008
Look Who's "Divisive" Now: The Anti-Obama Attacks Similar to Republican Smearing of the Clintons
Polls Show Tightening Race, From as Low as a Two-Point Spread
Gallup Poll. Gallup has three different poll results. The three polls track "registered voters," "likely voters" under traditional data," and "likely voters" using expanded data. The poll of traditional likely voters patterns the demographics of voters in recent elections. The expanded data likely voters poll tries to predict how Obama's candidacy might alter the landscape, with more persons of color and younger people voting. Obama would naturally have a stronger showing in this last category. Gallup shows: Registered voters, Obama 50, McCain 42; Likely Voters (Traditional), Obama 49, McCain 47; Likely Voters (Expanded) Obama 50, McCain 46. This is the first time I have seen Obama's lead in the expanded category differ much from the registered voter statistic.
Rasmussen: Rasmussen Reports keeps it simpler by just reporting one result: likely voters. That poll has Obama 50, McCain 46.
Daily Kos: Daily Kos, the liberal blog that created the Palin's daughter-baby mama drama, sponsors a poll conducted by Research 2000. In the Daily Kos poll, Obama leads McCain 50 to 43 among likely voters. Just one week ago, the same poll showed Obama leading by 12 points.
ARG: The ARG poll has Obama up by 5 over McCain, 50 to 45 among likely voters. The previous ARG poll had the race even closer (a 4-point spread), but it was considered a definite outlier at the time.
GWU: GWU's presidential poll has tightened substantially. Now, Obama leads McCain 49 to 45 among likely voters.
If you consider traditional likely voters (Gallup), the poll race is as close as two points. Even assuming the accuracy of the 5-point spread that appears consistently at many pollsters, a mere shift of 2.5 percent makes the national race a tie. Perhaps this caused Obama earlier this week to caution his supporters not to "get cocky."
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"Don't Mess With Texas!": Dancing Coach Jailed for Teaching the Cha Cha
My take: Non-compete clauses are standard fair, but many courts and employee advocates believe they can go too far in restraining the liberty of workers. Several states will refuse to enforce the clauses if they are unreasonable as to scope or duration. I have not seen the particular contract, so it is impossible for me to analyze it thoroughly, but based on the news articles, it seemed reasonable enough -- at least on the apparent requirement that Rush not solicit clients of his former employer. That's the essence of non-competition.
But even if the contract itself were reasonable, the court's injunction and its contempt ruling might go too far. Restraining internet usage raises First Amendment issues and basic concerns with practicality. Even if the 25-mile restriction is a fair reading of the contract (or even an explicit term in the contract), preventing Rush from advertising on the web probably makes it nearly impossible for Rush to establish an independent client base, not to mention a client base that does not live within the geographic scope of the injunction.
The 30-day jail sentence for contempt seems a bit over-the-top as well. Many judges would have simply fined Rush. Perhaps the court could have required him to turn over the proceeds he earned while violating the injunction. The stakes just do not seem high enough to warrant such a harsh penalty. I am inclined to agree with Rush's lawyer who analogizes the sentence to "killing a fly with a bazooka." But as a former Texas resident, I remember seeing sentences that seemed excessive to me quite frequently -- thus proving the old saying: "Don't Mess With Texas" (which actually originated as a slogan for an anti-littering campaign, not a statement of raw Texas toughness).
[Hutchinson: Sorry, I am now guilty of using the slightly misleading headline technique, but I hope you enjoyed reading the essay.]
Wall Street Journal Has Acute Democrat-Phobia: Opinion Piece Warns of Possible "Liberal Supermajority"
(1) Before getting detailed, the essay warns that a Democratic sweep "would mark the restoration of the activist government that fell out of public favor in the 1970s."
Reaction: Which part of the 1960s should we fear? The enactment of the Voting(2) Medicare for all. The article points out that sneaky Democrats responded to the political defeat of "Hillarycare" by breaking it down into component parts, like Schip (State Children's Health Insurance Program). A liberal supermajority would "lay the final flagstones on the path to government-run health insurance from cradle to grave."
Rights Act, legislation banning race, sex, and national origin discrimination in
employment, or laws prohibiting racial discrimination in places of public
accommodation?
Reaction: "Government-run" health insurance? This is a mischaracterization of
Obama's health plan. Also, what chutzpah -- criticizing health care for indigent
kids!
(3) Green Revolution
Reaction: Personally, I do not fear having a healthy environment or stronger(4) "Free Speech and Voting Rights" (yes -- a quote!). Democrats would legislate "same-day" voter registration. "Acorn and the 'community organizer' left" support this. Also, DC residents would have representation in Congress. Plus felons would have the opportunity to vote.
efforts to make that a reality. What about you?
Reaction: I am not sure pure conservatives would oppose enlarging "free speech(5) "Special-interest potpourri" (my favorite heading in the essay). This section includes a laundry-list of feared policies, such as "intrusive regulation" of the Internet, the trial of "terrorists" in federal courts, watering down of "No Child Left Behind" standards, and the burdensome formation of new rights of action "sprinkled throughout legislation."
and voting rights." These rights strike at the heart of egalitarian democratic
participation. But the WSJ fears political participation by certain classes (felons, DC Democrats, who are largely black), not all. Also, several states -- red, blue, and purple -- now have same-day registration.
Reaction: Isn't No Child Left Behind watered-down by definition because it is
an unfunded mandate? Also, the lack of explicit "rights of actions" in some
federal legislation backfired on Republicans when the Supreme Court struck down
the injunction in the Ohio voter case. I really appreciate irony. Finally, the purpose of a criminal trial is to prosecute "suspected" terrorists (or other types of accused criminals). The assumption of guilt is probably the most loathsome and dangerous aspect of Bush's military tribunals. With all of the talk about "patriotism" we usually hear from conservatives, their willingness to abandon core American principles stated in the Bill of Rights sends a terribly mixed message. Conservative libertarians, however, value those rights. Ron Paul, for example, opposes the Patriot Act.
Friday, October 17, 2008
Supreme Court Sides With State in Ohio Voter Case -- But Is This Really a "Victory"?
The litigation centers around the "Help America Vote Act," which provides, in part, that state voting officials match information in voter registration files with information in motor vehicle databases in order to ensure the accuracy of voter lists. The Court's ruling, however, does not decide whether or not Ohio has in fact violated the federal statute. Instead, the Court concluded that regardless of the legality of the state's policy, it was unlikely that the Republican Party could prevail on its argument that the statute authorizes lawsuits by private individuals to enforce its terms. Technically, this is a procedural ruling that simply removes the temporary restraining order. So, the case could resume in the lower court, and the parties could submit more legal arguments on the question of a private right of action, but none of the news articles on this matter indicates what the parties will choose to do.
"Victory" for Democrats Based on Conservative Case Law
Ironically, the Court's ruling relies upon highly criticized conservative case law in which the Court curbed access to the courts by civil rights plaintiffs. One of the cases involved a challenge to an Alabama law establishing an "English-Only" policy for driver's license testing. The Court held that even if the policy has a negative impact on Latinos, only the federal government could bring a suit challenging the law as national origin or racial discrimination due to its detrimental effect. The case -- Alexander v. Sandoval -- was authored by Justice Antonin Scalia, whom liberals despise. The late Chief Justice Rehnquist wrote the other opinion (Gonzaga Univ. v. Doe).
Consequently, I have mixed feelings about the ruling. On the one hand, Republicans can now taste the impact of their efforts to curb "excessive" litigation (translation: any civil rights litigation or personal injury suits). But I really do not want to validate those precedents, especially in the area of voting rights. Although the Democrats won this round, they do so by legitimating conservative Court doctrine.
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Poll: 55% of Voters Believe Media More Biased Than in Past Elections

* With respect to individual networks, the pollster presents data for MSNBC, CNN, and Fox. Here are those statistics:
MSNBC -- 51% biased towards Obama; 28% unbiased; 5% biased towards McCain
CNN -- 46% biased towards Obama; 33% unbiased; 6% biased towards
McCain
Fox -- 39% biased towards McCain; 42% unbiased; 8% biased towards
Obama.
My thoughts: First, the people who view Fox as favoring Obama and MSNBC as rooting for McCain need to turn in their voter registration cards! All kidding aside, I believe that, overall, media reporting of the election has indeed leaned in favor of Obama, but this depends upon the network, individual journalist or reporter, etc. Media bias, however, has gone against many Democrats in the past. Al Gore, Jimmy Carter, and Michael Dukakis, for example, were skewered by unthoughtful reporting. And Hillary Clinton was brutalized during the Democratic primaries. So Republicans need to let go of the leftwing conspiracy language.
In addition to unfairly portraying Democrats in the past, the media have also helped Republicans -- including President Bush! Remember that the media were literally "in the tank" during and leading up to the invasion of Iraq. Both the New York Times and the Washington Post, two constant sources of Republican ire, later admitted that they refused to publish some antiwar material, relegated articles critical of the war to less popular sections (i.e., something other than the front page), or published pro-war stories without seriously scrutinizing their factual claims. If the media can exhibit bias covering a matter so extraordinarily important as this country's decision to invade and slaughter people in another country, then it is not irrational to believe that they can also show bias in a presidential election. Accordingly, when Democrats and members of the media deny the existence of pro-Obama bias in this stage of the election and during the Democratic primaries, they come across as disingenuous.Message from the Professor: If you enjoy the commentary on this site, please subscribe to Dissenting Justice. You have the option of receiving daily email digests of blog essays or to access blog material in your favorite feed reader (or both!).