Likelihood of Success

Ron Coleman’s pretty good blog

Me, Senator Al Franken

Posted by Ron Coleman on May 11, 2009

Back when I was the new Yid in town, I knew great things, as well as awful things, might lay ahead.  But I never dreamed that the Al Franken Decade could actually occur.  And yet, it seems, that grisly reality begins now.

Senator Al Franken.  I preferred his earlier, funnier bits.  Ok… earlier.

Chicago Boy Mitch Townsend finds a silver lining, namely, that it could be worse:

Here is some encouraging news: “On April 29, 2008, Franken released a statement noting that he will pay about $70,000 in back income taxes in 17 states dating to 2003″ (link). Since Timothy Geithner had to pay only $34,000 in back taxes, Franken is about twice as qualified as Geithner to handle the fiscal affairs of our country.

Senate Appropriations Committee, here comes a fellow who knows which end of a calculator is up, if not much more. Maybe someone can teach him what those symbols on the buttons mean.

Stretching it, yes.  But one needs something to cling to in order to keep going on.

Posted in Americana, Faith and Works, Jocularity, Liberal punks, Medialites | Leave a Comment »

The Specter circus

Posted by Ron Coleman on May 7, 2009

Oh, man.  Okay, let’s say one more blog post on this Arlen Specter for the week.  Check this out — a rundown of primo Specter humiliations from the Washington Post:

• Specter pronounced that he would be keeping his seniority when he announced his party switch last week — maintaining that his ability to deliver for the state would not be diminished in any way shape or form by his move across the aisle. Except, that wasn’t exactly right. The Senate’s approval of Specter’s junior status on a series of committees led to a “he said, he said” between Senate Majority Leader Harry Reid (Nev.) and the newest member of his caucus. Asked about the back and forth by CNN’s Wolf Blitzer on Wednesday, Reid stood his ground saying simply: “He is a person who’s been in the Senate since 1980. I think he should be able to handle himself.”

Now, that’s a caucus you want to join, eh!  “I want to thank you all for your hospitality and for welcoming me to your — hey!  Where’s my wallet?!”  Next:

• In a sitdown with the New York Times’ Deborah Solomon, Specter said he was hoping that the Minnesota courts would do “justice” and declare former Republican Sen. Norm Coleman the winner in the contested 2008 election. Whoops! Specter tried to walk the comment back [and] told Reid that he briefly “forgot what team I was on.”

Whoops!  Come again?  Here’s the actual report in the Times:

He voted against the Democrats in his first two big votes since the switch, opposing the Democratic budget and helping defeat a measure to allow bankruptcy judges to modify mortgages for troubled homeowners.

And on Tuesday night, he retracted a statement, made in an interview, in which he said the Minnesota courts should rule in favor of the Republican, Norm Coleman, in the state’s disputed Senate race.

Republican press releases snipe at his every misstep.

And the comment about Minnesota, where Democrats need Al Franken to become their crucial 60th vote in the Senate, prompted the majority leader, Harry Reid of Nevada, to confront Mr. Specter on the Senate floor.

“Arlen,” Mr. Reid said in his trademark low-volume growl, “What’s going on here?”

Mr. Specter replied that he had forgotten “what team” he was on. Later, he told a reporter: “I conclusively misspoke.”

Because it’s the team you’re on that tells you which side of a court case is in the right.  Did I ever mention to you he used to be a prosecutor?  The last one of the trifecta, from the Post story, is this:

• Specter has done little to back off his initial assertion that his decision to switch parties was based almost entirely on political calculations and had little to do with ideology. While most party switchers are almost certainly guided by personal political concerns (what politician isn’t?), most don’t come right out and say it because it is a turnoff for voters who want to believe that their politicians believe in, well, something.

It’s just that open and obvious.

Has it become pathetic?  It has.  In so many ways.

And I feel sorry for him, frankly.  I guess that’s why I’ll never be reliable politically.  I always find it pitiable to watch a man fall from grace, regardless of whether he brought it on himself, as Senator Specter surely did.  And no matter what else, and no matter how much he wishes he hadn’t done this — and I bet that now he actually does wish he hadn’t, because a man in the service of his ego alone cannot be enjoying this one bit — it can’t be undone.  Quite unlike Arlen Specter himself.

Posted in Heart and spirit, Politics and Poker | Leave a Comment »

Content is king — even for law blogs

Posted by Ron Coleman on May 6, 2009

Zach Heller gets it right:

Blogging can sometimes be a difficult task to keep up. It is tough to come up with unique and interesting content all the time, especially when you are doing other things. But remember, the key to writing a good blog, one that gains readers and gets attention, is content. Without quality content, a blog is sure to fail.

He has some good suggestions in the post at the blog of Lawline, an online CLE company where I have a little gig going myself and where they have asked me to do more.   Frankly some of Zach’s ideas were, I thought, kind of secret, so could be I will have to kill him.  But don’t let that stop you from benefitting from his infamy.

Posted in Blogophilia, Social networking | Leave a Comment »

Mass persuasion prevented?

Posted by Ron Coleman on May 6, 2009

Instapundit reports about a college student who shot and killed a home invader evidently bent on major mayhem.  It’s a chlling story, with a relatively happy ending, and certainly reminded me of an earlier post where I criticized Glenn Reynolds for prescribing that collegians pack heat on campus.  I wasn’t disagreeing with his policy, necessarily, merely his analysis there.  I got slaughtered in the comments, but I still had my doubts on the ponit.

I was about to throw in the towel on this until I took a close look at the story.  Something seemed wrong.  And it is, a little:  From what I can tell, these were college students.  But they weren’t “in college,” i.e., on campus — the incident, which was truly awful and would have been far worse but for the fact that one of the students was able to save the day with his own weapon, appears to have taken place in an off campus apartment.  It’s not exactly clear, but that’s how it reads to me.

So when Glenn says, “Clayton Cramer comments: ‘If you have any doubt as to whether keeping colleges gun-free zones makes sense, I think this answers the question,'” I really have no idea what either of them are talking about.  Do you?

Posted in Packing heat | 3 Comments »

Spectral thoughts

Posted by Ron Coleman on May 5, 2009

The Bipartisan Rules blog, relying — not surprisingly on this point — on support from David Frum, writes as follows:

The Republican Party should be a political vehicle, not an ideological movement, but its opinion makers have it completely backward.

Its policies have become secondary to this ideal that we must keep alive the flame of Reagan, years after the Gipper has passed on, and that any elected official with an (R) behind his name who dares step out of line has committed heresy. There is no room for ideological deviation.

Sen. Specter is a guy who has voted with the Republican Party a little less than half the time over his career. To be sure, he is no conservative. But he is a moderate, and he counted himself a member of the senatorial Republican caucus.

Republicans in 2009 have adopted the same attitude that Democrats took in 2006 when Joe Lieberman was up for re-election. . . .

While Lieberman still caucuses with the Democrats, the Democrats effectively lost a seat, burned virtually all goodwill with one of the most senior and influential members of the Senate, and whatever control over Lieberman they might have had is now lost.  It was a collective huge error in judgment.

Furthermore, the Lieberman/Lamont fiasco was an enormous black eye for the party, as it branded them a party whose policies were dictated by the extremists on the far left.

But that’s exactly the path the Republican Party was on with respect to Arlen Specter.

I understand this point.   And I have written repeatedly about what I regard as an unhappy tendency toward, not ideological extremism — which I am not so inclined to call, how you say?, a vice — but a very regrettable coarsening of the tone of discussion and activism.  It’s not pretty, and there are plenty of reasons to worry about it.

But I think these thoughts about Specter are wrong, wrong, wrong. Here’s the key wrong paragraph:

Sen. Specter is a guy who has voted with the Republican Party a little less than half the time over his career. To be sure, he is no conservative. But he is a moderate, and he counted himself a member of the senatorial Republican caucus.

Voting Republican “less than half the time” is not enough.   This is not a matter of ideological purity:  He has been a net loss for the GOP measured by votes alone.

And we do not measure by votes alone.  Specter siphoned off Republican fundraising to a career spent voting with the Democrats “a little more than” half the time.  He retarded the development of a bona fide conservative Republican base and cadre of potential leaders in Pennsylvania.  And by virtue of “count[ing] himself a member of the senatorial Republican caucus” he was a source of embarrassment while voting as a member of the Democratic caucus, how could it be argued that he benefitted the former?

The comparison to Lieberman is not apt, because Lieberman was and is, in fact, a completely dependable knee-jerk liberal except as to one issue:  His support of the Iraq war.  Indeed the left-wing campaign to punish him for departing from this orthodoxy was self-destructive, but utterly unavoidable, for liberals do not accept divergence from the only true moral position on issues, as we know.

In contrast, Specter is not only more likely to vote with Democrats than Republicans, he has, as demonstrated above, had an overall negative impact on the Republican future in Pennsylvania.  In short, he has harmed the Republican Party as “a political vehicle.”

And here is the kicker.

Joe Lieberman risked his reelection by standing on principle — for he would have ridden to easy victory had he merely followed the prevailing political winds and, like all the other Democrats in Congress who voted for the war, now “confessed” his foolish past ways, like a good Stalinist should, and joined the inquisition.  Read the rest of this entry »

Posted in Heart and spirit, Politics and Poker | 1 Comment »

Sotomayor agonistes

Posted by Ron Coleman on May 4, 2009

On my Princeton lawyers list there was a bit of a dustup late last week when some excited participants started talking about the prospect of Judge Sonia Sotomayor, a fellow alumna, being nominated to the Supreme Court by President Obama.  It started with one of the participants breathlessly reporting the news; the inevitable comment from one of the inevitable troublemakers, who does not happen to be a lawyer, came next, and — well, you have to read it yourself.  First, the report, then the response from “Terry”:

>>Robert Alumnus ’69 S77 wrote:

I’m pleased to see discussion suggesting that among the most eminent of Princeton lawyers is  being considered for the Supreme Court seat to be vacated by Justice Souter. Hon. Sonia Sotomayor ’77. What a privilege it has been to know her, and what a fine candidate I know her to be!

Congratulations to my classmate Robert! I have made a late new year’s resolution to make a big deal out of statements of opinion masquerading as statements of fact and HE IS MY FIRST BIG DEAL since I made that resolution.

I am SO fed up with politicians, editorialists, tv talking heads, CSPAN guests, congressional committee panelists, and everybody else who is making evaluative assertions instead of making empirical assertions and letting ME make my own evaluations of the facts.

So, Robert, what makes you “know” that she’s a “fine” candidate?

Or would you prefer to modify your post to say, “Hon. Sonia Sotomayor ’77 has said and done a lot of stuff that comports with my values, prejudices, and political agenda”?

Well, Terry the troublemarker did have a point, but he didn’t put it very collegially.  And our list is kind of collegial.  I actually got a big kick out of this line in response from the exasperated class of ’69-er:

You are, as usual, right. I like Judge Sotomayor. I like her demeanor. I like her intelligence. I like the way she goes to the core of the issues to seek to do justice. But that’s only me, Terry, and surely the pro se bar has a better perspective, to which exposition I certainly look forward.

Regrettably, he later apologized for his line about “the pro se bar,” which I thought was great.  Frankly I was quietly following the whole thing because I don’t know much or anything about Judge Sotomayor (sorry, Instapundit — this didn’t help; it really is a hatchet job), until this one from a third alumnus who is a frequent and articulate contributor got me:

I immediately alerted all my classmates since very few of us in my circle knew her. We are all pulling for her nonetheless!

And I never knew this classmate I am strongly biased  in favor of [is] someone who went  through the same experiences at the same time and place I did.

This certainly stands for a lot of sociological phenomena all in one place.  The one that hit me, though, was the last idea:  I support Sonia Sotomayor because she’s “one of us” — “someone who went  through the same experiences at the same time and place I did.”

This claim is a little odd considering that “very few” in his circle knew her, but maybe for that very reason it bespeaks an interesting group identification which would never have occurred to me, except perhaps from the smoking room of some old-fashioned white-WASP-men only private club which the Princeton of 1969 most assuredly was not:  A candidate inherently has merit because she “went  through the same experiences at the same time and place I did.”

I wish I had the energy to parse out why I find that phraseology so troubling, and a little weird.  Read the rest of this entry »

Posted in Americana, Heart and spirit | 1 Comment »

I question the premise

Posted by Ron Coleman on April 30, 2009

It never seeks to amaze me how many people think I need — for my law practice in all its splendid aspects, including blogging — consulting.

Consultants think this.

Consultants this that and the other.  “IP consultants.”  And all divers types of consultants.

I.

Don’t.

Need.

Consultants.

Posted in Heart and spirit, Social networking | 3 Comments »

Dissent is insanity

Posted by Ron Coleman on April 29, 2009

Montana has passed a law, certain to be declared unconstitutional or otherwise rendered a nullity, declaring that, as the AP puts it, “guns manufactured in Montana and sold in Montana to people who intend to keep their weapons in Montana are exempt from federal gun registration, background check and dealer-licensing rules because no state lines are crossed.”

Color that dead on arrival.  That doesn’t mean I’m pro-guns or anti-guns — I’m mostly pro-, for a guy who’s never touched one — but it’s just some very simple lawyering by yours truly.  I think a political science major could figure this out, too.  So I don’t mind that gun control advocates are describing this measure as entirely symbolic, even provocative.

But that’s never good enough.  Because remember:  Being liberal means never having to say your adversary is rational or moral.  So here’s the money quote from the same AP story:

“Guns cross state lines and they do so constantly, and this is a Sagebrush Rebellion-type effort to light some sort of fire and get something going that’s pleasing to the gun nuts and that has very little actual sense,” said Peter Hamm, communications director for the Brady Campaign to Prevent Gun Violence.

I'm Insane, so YOU can't carry on campus
That’s the communications director, folks.  He’s in charge of choosing words.

And you?  You agree with him.

Or… you’re a nut.  A gun nut.

New regime, not-so-new tone of debate:  My way or the nut way.

Posted in Oppression, Politics and Poker | 1 Comment »

Specter of defeat

Posted by Ron Coleman on April 29, 2009

“Specter: I’m not an automatic 60th vote” Not an automatic 60th vote”?  Really!  Then this is news! He really is “switching”!

There’s more:

In a statement, Specter said he does not want to be “judged by the Pennsylvania Republican primary electorate.”

Actually, that’s the part that Politico, for some reason, chose to excerpt.  I actually saw this, via a the Google Talk status message of my friend the Punning Pundit:

I am unwilling to have my 29-year Senate record judged by the Pennsylvania Republican primary electorate.

Punning didn’t seem too ironic about it, but I was floored by this.  These words might constitute the single most arrogant expression of entitlement to power that I have ever heard a politician utter.

At least for public consumption.

UPDATE:  Check out John Hawkins on this.

Posted in Narcissus Rex, Politics and Poker | 2 Comments »

Mocking the Sabbath

Posted by Ron Coleman on April 28, 2009

Now here’s a weird story:

The National High School Mock Trial Championship is esteemed for bringing young people into the best traditions of the American legal system. But now the organization is being broadly criticized from the halls of Congress to state bar associations and attorneys general for clinging to one of the nation’s worst traditions: religious insensitivity.

The charge stems from the national mock trial group’s refusal to accommodate the need for an Orthodox Jewish team from Maimonides School from Brookline Massachusetts to reschedule its event from Saturday—the Jewish Sabbath—to a Thursday or Friday as has been done in the past.

Is this accomodation entirely reasonable?

Four rounds were slated for Thursday and Friday instead of Saturday. Moreover, they elected to delay commencing the final round until after sundown on Saturday—the end of the Jewish Sabbath—should the New Jersey students win finalist status. Apparently the adjustment was easy. Only two teams needed to volunteer for new schedules and more than 10 offered. The adjustment was applauded for demonstrating the value of religious tolerance in a pluralistic juridical system.

But the national body’s leadership was outraged, according to attorneys familiar with the case. It passed a resolution prohibiting any such accommodation in the future. “During the meeting of the State Mock Trial Coordinators in May 2005,” explains John Wheeler, Board Chairman of the National High School Mock Trial Championship, “the coordinators voted not to permit future modifications to the competition schedule format. It is the opinion of the State Coordinators and the Board that while the [New Jersey contestant] accommodation may have allowed full competitive participation, it unreasonably affected the conduct of the national tournament and forced unreasonable alteration to the planned schedule of events.”

Unreasonable alteration — that’s where the rubber always hits the road on these things.  More explanation, because your (Sabbath observant) blogger doesn’t suggest or believe there’s any legal right for a private group to accommodate anyone:

Wheeler’s letter to the ADL defended the organization’s policy and rejected the 2005 North Carolina-New Jersey precedent as one that “forced a departure from this system in a manner that fundamentally impacted the integrity of the prescribed power match system and was unfair to the vast majority of participants.” Specifically, claimed Wheeler, “In the second round in 2005, the New Jersey team should have faced a power-matched opponent, but this was impossible since no other teams had yet competed. This created an unfair advantage for the New Jersey team. In the fourth round for New Jersey on late Friday afternoon, its opponent was only given minutes notice that they would be competing in this round, thus affording them no preparation time; while the New Jersey team knew several weeks in advance that it would be competing at that time.”

Wheeler’s rationale were dismissed out of hand by critics and jurists alike contacted by this reporter. Steven M. Freeman, ADL Legal Affairs Department director, stated, “We recognize that the accommodation the Maimonides School is requesting may complicate the tournament scheduling for other teams, but are troubled by the apparent hostility of tournament officials and fail to understand their unwillingness even to consider alternatives which would enable the deserving Jewish students to participate.”

Wheeler did not return two deadline calls for comment.

A number of well-known legal advocates for the rights of religious Jews have now entered the fray and suggested that, while the group and the event may be private, there’s enough public involvement in the affair to make it a “rights” issue after all.

So… what’s really going on here?  (More here.)

Posted in Faith and Works, Heart and spirit, Lex scripta | 1 Comment »