"The Brownbacklash Is Finally Here..."

"... Kansas Primary Voters Send Conservatives Packing."

At least 11 separate conservative members of the legislature lost their primaries to more moderate Republicans in the state, with a number of contests still too close to call with confidence...

I was surprised to see that this headline was for an article written by Thomas Frank.

"Righteous rage, impotent fury: Thomas Frank returns to Kansas to hunt the last days of Sam Brownback and Pat Roberts."

That makes Thomas Frank sound insane and menacing, like he's the one with righteous rage and impotent fury. How else can you read that? And then "hunt the last days"? That sounds like the kind of language that people were resolving to avoid after the Tucson massacre. 

Live-blogging night 4 of the Republican Convention.

5:38 Central Time: Just setting up the post, so you'll know I'm going to do this again. Don't expect much for another 2 hours.

6:44: I just recorded a new Bloggingheads, with lots of talk about the convention. Now, I have the time to watch some things. Pawlenty is coming up in the next hour. Brownback. Hmmm.

7:07: Barack Obama gives a good speech, but the best sermons are lived, says Tim Pawlenty. He's trying to get the chant going: "John McCain put our country first." That was a little cheesy. Ah, but it didn't last long.

7:24: Brownback calls McCain "a history maker and a history breaker." That sounds like a line for the Steve Carrell character on "The Office."

8:01: Lindsey Graham says that everyone knows the surge is working. "The only people who deny it are Barack Obama and his buddies at MoveOn.org." Why? Because the Obama campaign is built on losing in Iraq, Graham says. McCain pushed for the surge, pushed against Republicans. It was unpopular. "Some said it was political suicide." John McCain "stopped the Democratic Party from losing this war." Strong stuff. Excellently delivered.

8:10: A little film about Sarah Palin. Co-maverick. "When Alaska's maverick joined America's maverick, the world shook." Some lovely pictures of people and landscapes. I especially enjoyed the shot of shelves of cut up fish meat to illustrate "hard work."

8:23: "It's not about talking pretty; it's about talking straight," says Tom Ridge, putting a lot of effort into sounding tough. "Let's call this maverick forward."

8:35: A nice film about Cindy McCain. Good works. Loving mom. And.... drift racing!

8:43: Cindy is speaking. She says we feel Abraham Lincoln's hand tapping us on the shoulder, then pauses, and it takes way too long for the crowd to pick up the applause cue. She makes a nice contrast -- a good liberal/conservative contrast -- between being concerned about what people in other countries will think and being concerned about what our forefathers would think.

9:02: "Obama to Dispatch Female Surrogates" -- NYT headline.

9:04: Excellent film presentation of the story of John McCain. Most notable is the idea that he survived the Forrestal fire because there was a plan -- God isn't named outright -- for him to do something more. Nice but intimidating contributions from Mother McCain.

9:17: McCain's speech. It feels rote sometimes and has an actorly passion sometimes. "I hate war," woke me from one of my dozes. "I've never lived a day, in good times or bad, that I didn't thank God for the privilege.... I was blessed by misfortune." The speech felt very long and had its ups and downs. After many diverse phrases, he got it together over the idea of service and the slogan "Country First." He spoke clearly and well about his early life, as a cocky selfish man, and his transition to a man in love with his country. Now, I'm watching the final waving, with the family and Sarah Palin. Where are the balloons? I obsess over the balloons. What if they never fall? Obviously, there is a huge balloon snafu. Finally, balloons. Why were balloons important? Ah, why is a speech important? The big idea is John McCain's life, and somewhere along the way tonight that point was made. It was made over and over. It's now for us to decide if we want this man to lead us for the next 4 years.

"John McCain is for strict conservative — excuse me — strict constructionist Court."

Senator Sam Brownback bumbles, revealingly. He's a co-chair of McCain's judicial advisory committee. (For the quote, click to listen to the segment and go to 3:18.)

Blogging the Republican debate.

1. It started — like my Fedcourts class — at 4, and I set the old Explorer 8000 to save it for me. So, let's go.

Chris Matthews is asking the questions. The subject is the economy (so let's see who tries to leaven the discussion with easier material). The locale is Michigan. The big excitement is that Fred Thompson is making his first appearance in a debate.

Fred gets the first question. "I see no reason to believe we're headed for ... [gigantic, scary pause]... an economic downturn." Oh, Fred, do not do that again.

2. Mitt Romney is second, and he looks startlingly handsome after that long gaze into the face of Fred. Has he changed his appearance, or is it just the contrast? He seems so lively after the lethargic Thompson. He gets off a joke right away, just some silly business about how he was afraid the governor of Michigan would tax the debate, but it gets a huge laugh.

Next up is Giuliani, and he sounds vigorous, listing "fundamentals," and sneaking in the subject of baseball. Also, he throws out the red meat: too many lawsuits.

3. Ron Paul rails about the monetary system and assigns us homework: we need to study monetary theory. John McCain assigns Ron Paul homework: "The Wealth of Nations." He [McCain] was asked about the fairness of taxes, though, and he veers off the topic after he assures us that everyone pays taxes.

4. Mike Huckabee is asked about his idea for a national sales tax. Won't that mess up the economy? No, it'll be great because it will "un-tax productivity." And drug dealers, illegal aliens, and prostitutes and pimps will start paying taxes. Huckabee is the first person to sound really sympathetic to the problems of working people.

5. Oh, good Lord. I just got a glimpse of how many guys are on the stage. Who are they all? Duncan Hunter is complaining about "Communist China," and Matthews gives Thompson a chance to defend free trade. Sam Brownback won't raise taxes. Tancredo sounds rational booming about Medicare and Social Security. (His microphone is turned way up and echo-y.)

6. Giuliani wants to cut taxes as much as possible. (It worked in NYC.) Romney wants to cut taxes and spending. (It worked in Massachusetts.) He loved the line-item veto when he was Governor of Massachusetts and thinks we should have it at the federal level. No acknowledgment of its unconstitutionality.

Oh! Ha, ha. Giuliani is next, not only telling us the line-item veto is unconstitutional, but bragging that he, personally, took Bill Clinton to court and had it declared unconstitutional. He adds: "What the heck can you do about that if you're a strict constructionist?" Ha, ha. He got in an extra kick — the two of them both claim to be "strict constructionists" (to appease the pro-life sector of the party). Oh, that was rich! He beats Mitt down even further saying he brought taxes down in New York while Romney raised them. We see Romney in the split screen. Is he writhing in pain?

Romney gets "surrebuttal" time [— the WSJ transcript has "Sir, rebuttal" — ] and reels out competing statistics. "Look, we're both guys who are in favor of keeping spending down and keeping taxes down." We see Giuliani in the split screen. I'm guessing he's thinking about how he doesn't care what they — as "guys" — favor; the question is what do you do. For guys, it's the action that counts. Romney goes on to say the place they differ is on the line-item veto and "I'd have never gone to the Supreme Court." So. You mean you like executive power and you don't want to hear what the Supreme Court has to say about it? Matthews asks him if he believes the line-item veto is unconstitutional and he's all "I do not believe it is." Giuliani: "You don't get to 'believe' about it. The Supreme Court has ruled on it." And Bill Clinton was trying to take $200 million from his city unconstitutionally. (Bill Clinton! That outrageous renegade who's married to our inevitable opponent. Only Giuliani is beating up on Hillary at this point. He's out in front because of this.)

Now, if Mitt Romney was really knowledgeable at this point, he'd say that Justice Scalia wrote a wonderful dissent in New York v. United States saying that the so-called line-item veto was constitutional, and hasn't Giuliani been going around saying he wants to appoint Justices like Scalia? But we don't get the chance to see if he's that sharp, because they move on to another question. Yet I think if he'd known enough to say that he'd have insisted on getting one more shot in.

7. Sorry. I got interrupted. If this were my job, I'd have to finish, wouldn't I? (An economics point about an economics debate.)

8. [Added the following morning.] I'm sorry I didn't keep going, but think how long this post would have been. If you watch straight through without pausing, you can blog the whole thing without it getting ridiculous, but if you pause, it's a big problem. Anyway, I did eventually watch the whole thing, but nothing jumped out at me as interesting enough to describe. Maybe my plan for future debates will be: blogging the hell out of the first half hour. Most people leave after that, I'll bet, and I think the candidates act as if they believe they do. Giuliani and Mitt sure did, and this morning everyone's talking about how they overshadowed Fred the Debate Debutant.

Speaking of plans, I love the first comment in here by Trooper York:

Adm. Painter: What's his plan?
Jack Ryan: His plan?
Adm. Painter: Russians don't take a dump, son, without a plan
(Fred Thompson as Adm. Painter in the Hunt for Red October 1990)

Debate tonight.

I'm actually noticing in time to watch. These things are so elusive. And it was not easy to figure out the time and channel. But I have ascertained that it is on FoxNews at 9 ET. So maybe I'll be simulblogging (AKA "liveblogging"). Haven't done that in a while. Fred won't be on. He's oozing into the competition via Leno later tonight. How absurd.

9:02. Wow. I haven't done this in so long! Don't expect me to be as detailed as in the past. This will be done in real time and will contain... whatever the hell I'm in the mood to type.

9:04. The first question is about Fred Thompson. Was he smarter than you guys? Brit Hume asks. You've been dragging yourselves around on the campaign, and this guy comes waltzing up now and gets to be in second place. Brit is basically taunting them, but he's giving them a chance to take a shot at Fred. They get to portray themselves as hardworking, close to the people, and generous about accepting a new competitor. Giuliani is going for a balder look. And, going last, he also uses his time to take a shot at the Democrats: You have 3 leading Democratic candidates, none of whom have run a city, a state, or a business.

9:13. Immigration. Huckabee is pushed on his accusation that opposition to immigrants is, to some extent, racist. He acknowledges that statement and says: "If people are looking for a President with a mean spirit, I'm not their guy." After Huckabee, Ron Paul yells about "the rule. of. law." I'm appreciating Huckabee's mildness.

9:25. We've got to rebuild the family, says Sam Brownback. In fact, he says "family" about 20 times. Oh, they seem to be talking about Larry Craig. "When our guys have problems like this, they leave," says.... hmmm.... not sure who that is. [ADDED: It's Hunter. I'll never memorize his face.]

9:28. Abortion is "without question the taking of a human life," says Mitt Romney, but the rights of women matter too. Huckabee is invited to explain what Romney just said. He declines and speaks (mildly but firmly) about his state's human life amendment.

9:33. I can't stand Ron Paul. He's cantankerous. Anyway, before RP got cantankerous, Giuliani did a nice job of claiming superheroic powers to stop crime. They cut away to a restaurant to take statements from regular citizens. That's supposed to add texture to this scintillating event, apparently. But we're on our way to a long commercial break, so go get something to eat, because all you'll be missing is Sam Brownback going on about the decline of the family again.

9:42. Mitt dithers about Iraq, and McCain follows on with "The surge is working. The surge is working." He makes a strong statement on Iraq and gets good applause. Chris Wallace asks Ron Paul about the bloodbath that would follow the withdrawal of troops. RP says those who are saying "bloodbath" are the same people who said all sorts of other wrong things about the Middle East. We ought to get out and mind our own business. Big cheers from the audience. We are invaders, violators of international law.

9:58. A man in the diner addresses Mitt Romney. How dare he compare his sons' working on the campaign to men serving in the war? Romney blandly says there's no comparison and moves on to his more general policy statement on the war. Stylistically, Romney is limited. He didn't reach out to that man. He just disqualified what the man said.

10:05. Giuliani again. Haven't seen much of him. He's asked about Guantanemo. He says we can't close it, because there is nowhere to send those detainees. No one will take them.

10:21. A polisci major in the restaurant wants to know what Guiliani thinks about "family values." He asks us to look at his real, public accomplishments, not his private life. He goes back to the subject of managing New York City.

10:27. Ron Paul is raving again. The subject is Iran. He seems to think the President has no power but must go asking Congress whether there's a threat to the United States. Tancredo: "We don't immediately use the button." Man, he sounds nervous. "Political correctness is going to kill us all." He really seems to be struggling. I feel a little bad for him. Not that bad though. Why is he wasting our time? Now, Huckabee is being very sensible -- and general -- about how seriously he would take the job of President. Well, I should think so. But he sounds like a giant among men after Paul and Tancredo. Giuliani invokes Reagan: He won the Cold War without firing a shot, but he aimed "like a thousand" missiles at the them. McCain has the last word.

10:39. Ah, it's over.

10:40. Here's what I think. Get Hunter, Paul, Tancredo, and Brownback out of there. Huckabee, McCain, and Giuliani are serious and have a lot to say. Sit them down at a table and let them talk to each other. With Fred. Gotta bring Fred in too now. Let's go into a new stage of the campaign. It's really wearing to sit through Paul's ravings and Tancredo's fumblings and Hunter's blahness and Brownback's family, family, family. Enough.

IN THE COMMENTS: It's pointed out that I left Mitt Romney out in that 10:40 final comment. I guess that means something...

"Romney, Tancredo call for Brownback apology."

Is it wrong of me to find that headline funny? I mean, I myself love to pull the old apologize! apologize! routine, but still.... Romney's a serious candidate. Why is he even giving Brownback the time of day? And how did Tancredo get in on the action?

Another debate tonight? Okay, I guess I'm simulblogging again...

This is getting bizarre! Are people really watching? Anyway... I'm going to watch. I'll try to pay more attention tonight, now that "The Sopranos" aren't on.

(It's on CNN, at what I like to call 6 Central Time.)

UPDATE #1: Introductions. "My name is Thompson. Tommy. I'm the candidate, not the actor." Giuliani says he believes in the New Hampshire slogan "Live Free or Die." Huckabee says he's from Hope: "Give us one more chance."

UPDATE #2: The first question goes to Romney. Was it a mistake to invade Iraq? Romney resists the hypothetical (and twice calls it a "null set"). He won't assume a world where we know what we didn't know. Giuliani goes right for it: it would still be "absolutely right" to remove Saddam -- "it's part of the war on terror." McCain gets a different question: Did he read the National Intelligence Estimate. He clearly states that he did not (but read other documents and knew what the situation was). He goes back to the other question voluntarily and says the decision was right.

UPDATE #3: McCain is asked what he will do if General Petraeus reports in September that the surge is failing. There is no option to bring the troops home. Al Qaeda will follow us, and there will be chaos. He attacks Hillary Clinton for saying this is George Bush's war. Wars belong to the whole nation, and it is we who lose, and we cannot. Wolf Blitzer brings him back to the question asked. We'll have to examine the options then, he says, but Brownback's proposal -- to divide Iraq into three ethnic regions -- isn't physically possible. We have to go on, even if the surge hasn't worked. Tommy gets the question now. He speaks forcibly and says we should force the Iraqi government to vote whether they want us to stay or go.

UPDATE #4: The question is Iran. Is it acceptable to talk to them? This is a boring question, so Blitzer spices it up by asking if it's okay to nuke them. When the question gets to Giuliani, it's all about: Can we nuke them? Giuliani: "You can't rule out anything." The Democrats are living in the last century. Iran could hand nukes over to terrorists. "This war is not a bumper sticker," he says, referencing Edwards's remark in the last Democratic debate. "This war is a real war." Romney: He wants to "move the world of Islam... toward modernity." He says a lot of other things, speaking quickly, and it's too scattershot. He sounds nervous and a little desperate for some reason. In the background, we see Giuliani, looking rock hard.

UPDATE #5: Immigration. Giuliani says the current proposal "has no unifying purpose." We need a way to identify everyone who's here from a foreign country. Credit card companies handle more information that this. He's cut off. On to Romney, who says we should enforce the immigration laws, but the proposal would let all the illegal aliens stay here for the rest of their lives. It's not fair to put all those people at the front of the line. So what does McCain say? "Rudy, you just described our legislation." He ends by saying he'd love to hear it if anyone has a better idea, and the audience goes into an uproar and half the guys on the stage seem to want to jump in. Various proposals flow in, mainly about enforcing the law we do have.

UPDATE #6: Incredible! Giuliani is asked about the Catholic bishop's remark that his position on abortion is like Pontius Pilate's washing his hands of the crucifixion, and Giuliani's answer is buzzed out as lightening outside the hall affects the microphone. He jokes that for someone who's gone to Catholic school "it's very frightening." As he tries to restate his position, the buzzing continues to interrupt him. Yikes. Huckabee is asked about his belief in creationism, and he does an amazing job of turning it into the question of whether he believes in God and passionately affirms that he does. Blitzer follows up with the question whether he believes in the literal creation story in the Bible. He says he doesn't know, but he does know that God created us. Brownback is asked where he stands on evolution, and he makes a similar move. McCain is asked whether children should be taught creationism. He says he'd leave it up to the local government, then jumps on the Huckabee train and says there is a God who created us and loves us. Romney's asked to talk about being a Mormon. He stresses the beliefs that are shared with other Christians.

UPDATE #7: Global warming. Blah, blah... Gays in the military. "This is not a good time to deal with disruptive issues like this," says Giuliani. Romney: Don't ask, don't tell is working; don't change it during wartime. McCain: "The policy is working." Our military is the best, so don't change it.

UPDATE #8: How would you use George W. Bush in your administration? Tommy would send him out to talk to kids. Brownback would ask him what he wants to do... and thinks he'd want to bow out the way his father did (and unlike Bill Clinton). Ron Paul Tancredo says that Karl Rove told him to stay away from the White House so he'd tell George Bush the same thing.

UPDATE #9: Should the President pardon Scooter Libby? Giuliani says the sentence was "grossly excessive," and this argues in favor of pardon. He adds weight to his answer by saying he's prosecuted over 5,000 cases. Romney and Brownback stress that there was no underlying crime about which Libby committed perjury. Tommy Thompson compares what happened to Libby to what happened to Bill Clinton for committing perjury. Clinton just lost his law license. Well, he got impeached! He was tried in the Senate and he prevailed. The difference from Libby is that when Libby went to trial, he lost. Anyway, the support for pardoning Libby is so pervasive here, that I suppose we should assume that in the end, if the appeals fail, Bush will pardon Libby.

UPDATE #10: Now, after a break, the candidates are sitting in red chairs, and the questions are from the audience. The first question comes from a woman whose brother was killed in Iraq. She mainly expresses the devastation her family is feeling. McCain's response is what you would expect, but he says it well and sincerely: She should feel proud of his sacrifice. The second question is also about Iraq. How will we keep Iraq from ending up with another dictator? Ron Paul says give them "an incentive," essentially, by leaving them to do the work of securing the country themselves. Whoa! Giuliani gets out of his chair and walks forward and talks directly to various audience members. We have to "take on the responsibility of nation building." Overthrowing Saddam was a brilliant military success, and now we must accept the responsibility that this incurred. He brings up the earlier question about General Petraeus and the surge, but just to insinuate that the news media will play up the report if it's negative and bury it if it's positive.

UPDATE #11: A question about conservatism. Gilmore answers. Like Giuliani, he gets up out of his chair. I guess they all will now. No, Tancredo stays seated. Thompson leans toward him and glares. Now, a man asks about prescription drugs. Giuliani hops up to denounce the Democrats as offering "socialized medicine." He tells us all about his health insurance plan, under which you'd buy your own insurance with the help of tax benefits and not rely on government or your employer. The the free market will solve the problem of overpriced drugs. Another question about health insurance: Would you accept a single-payer plan? Thompson is roused. This is the question for him. He wants to transform the whole system into a "wellness" and "prevention" system. He's stressing educating people about smoking and obesity.

UPDATE #12: What's the most important moral challenge? Giuliani says we need to share American ideals with the world (that is, he makes this another anti-terrorism question). Ron Paul says it's our acceptance of preemptive war. For Brownback, it's the need to be pro-life. Blitzer butts in with the question whether he could support Giuliani. He says he will support his party's nominee.

UPDATE #13. A question about campaign advertisements in the Spanish language. Is it somehow inconsistent with a tough immigration position? Tancredo thinks it's absolutely wrong... and he's all passionate about it. A question about how each candidate is different from Bush. McCain: "Spending, spending, spending.... We've got to stop the earmarking." Giuliani: Accountability. Measure success, the way he did in New York. Romney says: "It's going from small bore to large bore." Everyone still tuned in now makes a wisecrack about how he's a large bore. Either that or they're all: What's with the null set and the small bore/large bore? He says weird things! Brownback is going to end deaths by cancer. (Yeah, that horrible Bush with his cancer death!) Hmmm... Duncan Hunter. This is the first time I'm noticing him. But I didn't notice what he said.

Now, we get a question of what it means to be an American. Tancredo makes it into another immigration question. He uses the phrase "enough is enough," and I'm thinking, yeah, enough with the immigration questions tonight. Another question about what Republicans need to do to win. I'm about to burn out. This 2-hour format is a pain. But my mood is lifted a bit when Giuliani says: "Ma'am, the way to do it is to nominate me."

Ah! The end at last! Am I the only one still watching?

Should conservatives embrace Darwin?

This article was worth reading if only to get the answer to the question I had watching the Republican debate the other day: Who were the three candidates who raised their hands to indicate their disbelief in evolution? The answer is Sam Brownback, Mike Huckabee, and Tom Tancredo. (I found the minor candidates very hard to tell apart, even in the closeups.)

But this is a nice article going into the question of whether Darwinian theory offers good support for various conservative positions, "that Darwin’s scientific theories about the evolution of species can be applied to today’s patterns of human behavior, and that natural selection can provide support for many bedrock conservative ideas, like traditional social roles for men and women, free-market capitalism and governmental checks and balances."

The question whether to use Darwinism in political argument is, of course, different from the biological question whether the human animal resulted from evolution (which is what Brownback, Huckabee, and Tancredo look foolish rejecting).

“The current debate is not primarily about religious fundamentalism,”[John G.] West, the author of “Darwin’s Conservatives: The Misguided Quest” (2006), said at Thursday’s conference. “Nor is it simply an irrelevant rehashing of certain esoteric points of biology and philosophy. Darwinian reductionism has become culturally pervasive and inextricably intertwined with contemporary conflicts over traditional morality, personal responsibility, sex and family, and bioethics.”

The technocrats, he charged, wanted to grab control from “ordinary citizens and their elected representatives” so that they alone could make decisions over “controversial issues such as sex education, partial-birth abortion, euthanasia, embryonic stem cell research and global warming.”...

Mr. Arnhart, in his 2005 book, “Darwinian Conservatism,” tackled the issue of conservatism’s compatibility with evolutionary theory head on, saying Darwinists and conservatives share a similar view of human beings: they are imperfect; they have organized in male-dominated hierarchies; they have a natural instinct for accumulation and power; and their moral thought has evolved over time.

The institutions that successfully evolved to deal with this natural order were conservative ones, founded in sentiment, tradition and judgment, like limited government and a system of balances to curb unchecked power, he explains. Unlike leftists, who assume “a utopian vision of human nature” liberated from the constraints of biology, [political scientist Larry] Arnhart says, conservatives assume that evolved social traditions have more wisdom than rationally planned reforms.

While Darwinism does not resolve specific policy debates, Mr. Arnhart said in an interview on Thursday, it can provide overarching guidelines. Policies that are in tune with human nature, for example, like a male military or traditional social and sex roles, he said, are more likely to succeed. He added that “moral sympathy for the suffering of fellow human beings” allows for aid to the poor, weak and ill.

So Darwinism only provides a form for political argument, not the actual answers. As the article notes, lefties and righties have found ways to say what they want to say in Darwinian style. It's interesting to think about who benefits most from the acceptance of arguments in this mode. It seems to work awfully well for justifying the subordination of women. Why should we want to promote modes of argument that work too well to support things you diapprove of? I haven't read Arnhart's book, but he seems to think he can whip out "moral sympathy" to get him out of whatever jam his Darwinism gets him into. But if we actually believe in this political Darwinism, won't it affect how sympathetic we are and what we are sympathetic about?

Simulblogging the Republican Debate.

1. Yes, I'll do it. And I'll do it without TiVo assistance. Going TiVo-less is not just to make me completely spontaneous. I don't want to get bogged down in it. Once I start pausing, I start feeling responsible for everything. But there will be a transcript later for that. And, dammit, I want the TiVo for "Survivor"!

2. I didn't realize there was a debate today until someone asked me this morning if I was going to watch it. Oh, no. I guess I am. But how many candidates? 8 for the Democrats was pretty annoying, though the 8th guy -- Gravel -- did provide some comic relief. I have to listen to 10 Republicans? 10! Who the hell are they? 10? Let's see there's Giuliani and McCain... uh.... and Tommy Thompson but not Fred Thompson... conversation about whether Tommy gets any boost in popularity by having the same name as the strangely longed-for non-candidate Fred... so, come on, you only got 3. There's 10! Where's my coffee? I can't believe you don't even remember Romney. Oh, yeah, Romney. How could I forget? Who else? A Senator from Kansas? A Senator from Kansas, really? Not Dole... Brownback! Oh, he's from Kansas. How perfectly boring. Huckabee. Oh, yeah, Huckabee. He used to be fat. Yikes, that's still only 6! Who are the other 4? And I'm committing to listening to them? Ron Paul. He might be amusing. Who else? I look it up: Jim Gilmore, Duncan Hunter, Tom Tancredo. Oh, the pain.

3. The Reagan Library set is glossy, what with the reflection on the underside of Air Force One, suspended over the heads of the audience. So are you pouring a big glass of wine and planning to take a sip whenever anyone says "Reagan" and drain the glass if anyone says "I knew Ronald Reagan, and you're no blah blah blah"? Nancy Reagan is there, sitting with Arnold Schwarzenegger. The voiceover guys are gushing about how "regal" the setting is. Chris Matthews gives a snazzy introduction, brimming with enthusiasm for Reagan. Reagan Reagan Reagan. Agghh. Where's my wine glass?

4. Ooh, it's closed book. No notes allowed. The first question is about optimism (like Reagan's) and pessimism (shown in the current polls). Giuliani has one minute, and he leverages in statements about immigration, health care, and the war on terror. McCain is next. He stammers a bit but sounds very strong -- and angry at the congressional Democrats for cheering surrender in Iraq. Tommy Thompson looks awful, but he lays out a point-by-point political solution for Iraq. Mitt Romney looks great.

5. They're all asked if they'd amend the Constitution to let Arnold Schwarzenegger run for President. Nearly all of them say no. Right to his face. Take that. Now, we're getting some questions submitted and voted on through Politico.com. That's a nice touch. What does Romney dislike most about America? He just acts like the question is: What do you love about America?

6. Values! In other words: abortion. Okay to "repeal" Roe v. Wade? All must answer. All say yes, with different levels of passion. Giuliani says it's okay to "repeal" it, but it would also be okay for a "strict constructionist" judge to uphold it based on stare decisis. Romney is confronted about his change of mind on abortion rights, and he clearly says he changed his mind. Wasn't that purely political? He denies it and ties his change of mind to thinking about cloning. I don't believe that.

7. McCain: "I know there's good and evil in the world. I've seen it."

8. Can a business fire an employee because he's gay? Tommy: yes.

9. Romney is asked about religion, and he is speaking very well about it. Matthews keeps asking the question about whether religious faith has any relevance to the presidential race. The right answer here is rather obvious, and I think everyone on the stage knows what it is. A person's religious faith gives rise to values that matter in public life, but which religion it is doesn't matter and we shouldn't argue about that. It's really just a matter of saying that in a clear and inspiring way: America is great because of our religious tolerance, etc.

10. Halfway into this, I'd say the person making the most headway is Romney.

11. Romney takes a shot at the McCain-Feingold Act in the middle of an answer about abortion. He's referring to the effect of the Act on issues ads close to the election (something that is before the Court in the Wisconsin Right to Life case argued last week).

12. Stem cells. Tommy Thompson talks about the research going on at the University of Wisconsin in Madison, Wisconsin. That appealed to me.

13. Wow! Romney on health care! I have no idea if his policy is good. I'll have to read about it. But his form of expression was great here.

14. Tax. It's very hard to compare tax policies on the fly. Thompson struck me with his idea of dealing with the AMT by giving people the option of a flat tax: you get whichever is lower. He brags about all the vetoing he did as governor of Wisconsin and acts like he could bring that vetoing style to the White House. But Wisconsin has an extremely strong veto power. You can't do that in the White House.

15. A yes-or-no question: Do you believe in evolution? It looks like 3 of them raised their hands on no, but I didn't quite catch who.

16. Gilmore is asked a question and I realize he's made no impression on me so far.

17. Brownback is too conservative for me, but I give him credit for speaking well. He's a good voice for his position, not that I want it to succeed. "This is a set of quality candidates" he says, when asked what he doesn't like about Giuliani. I like that he doesn't take a shot at Rudy. Clearly, the two men have very different positions. People can see that, and it's cool of Brownback to be magnanimous about it.

18. Giuliani seems natural and good-humored. I think he's showing what he is in an attractive way. A moment ago he was asked the sort of pop-quiz question that isn't at all about trying to find out what his policies are: explain the difference between Shiites and Sunnis. He does it exactly right. Later, Thompson gets a question like that: How many Americans have died in the Iraq war? I don't like this sort of smart-ass question, especially when only some of them get hit with one. The idea is to see if they'll screw up. There's nothing to be learned in a positive way. Let's just see if this guy is clueless.

19. Guy! They're all guys! It just hit me. They're all white too. Should be a question on that.

20. National ID card. McCain's all for it. Ron Paul lights on fire: ID cards are eeevvviiilllll.

21. Romney lights into Patrick Fitzgerald and the way he went after Scooter Libby. I like the way Romney is cool and controlled but gets passionate -- in a controlled way -- when it goes with his issue. Or do you think he's too slick? I think he's doing well. He's seems ready to play the role of candidate. Republicans ought to want to take advantage of that.

22. I confess to being moved to tears by Brownback talking about the sacredness of Terri Schiavo's life (even though I disagreed with what the Congress did). I'm impressed by the way this man believes what he believes and expresses this. But, of course, it would be a terrible mistake to make him the candidate.

23. Hey, Chris Matthews is doing a great job. He's keeping it lively, without seeming like he's lording his power over them. He's making it seem like fun, when it can't be fun. Nice going.

24. Closing statements. Jabbery details. Moving too fast. Okay. Time up. Stop already.

25. Giuliani uses his time to compliment the President, giving him credit for the lack of additional terrorist attacks after 9/11. He distinguishes himself in the group by going positive here.

26. In the after show hubbub, we see Romney getting into a photogenic encounter with Nancy Reagan.

27. The commentators. They're going to go on for another 90 minutes. Wow. Who will listen?

28. Glenn Reynolds has a good collection of links to other "live-blogging." I can't bring myself to use that term when I'm not there in the room. He includes a link to me, which is nice, and characterizes me as blogging "from her very own perspective." Well, yeah. What are other people doing?

If I blog that Hillary's in, do I have to blog every time anybody else is in?

Everyone's declaring all of a sudden. I guess Obama touched off a stampede. I don't think Hillary meant to go in so early. But now it's everybody into the pool.



So do you really want to talk about the scintillating Bill Richardson and Sam Brownback? Vilsack, Brownback... I have nothing to say about them, but you could write a poem about them. I will say that I think it's funny to call Vilsack "The Sack." We could think of nicknames. The Back? Speaking of nicknames, did you notice Hillary is officially "Hillary." None of that confusing "Clinton" business. Or the disturbing "Rodham."

Wait a minute! I'm just looking at Tom Vilsack's website. Is he trying to scare us? Is he running for prison warden? Vice principal? Maybe this can be fun...

Senator Brownback blocked the confirmation of Janet Neff because she attended a commitment ceremony for her neighbors' daughter.

Upholding morality is such sleazy work. Now, he's decided to allow a vote. What a prince! And he's not even demanding anymore that she agree to recuse herself in cases about same-sex marriage. Someone clued him in that it would be completely improper for a judge to make a commitment like that in exchange for a vote. On his own, he thought he was standing up for what was right and good.

Let's see if I've ever written about Senator Brownback before. There's this, from the confirmation hearings of John Roberts:

Brownback moves to the topic of abortion, which he focused on in his opening statement: "Could you state your view as to whether the unborn child is a person or is a piece of property?" Roberts gives another short, noncommittal answer about abortion rights. Brownback then consumes a huge chunk of his time giving an anti-abortion speech, at the end of which Roberts can only say, "Well, Senator, I appreciate your thoughts on the subject very much."

Well, Senator, I appreciate your thoughts on the subject very much. I love that.

Day 3 of the Roberts hearings.

Let's run through Day 3 of the Roberts hearings. I see we start with the tail end of the first round. Yesterday I thought I'd missed the last two, Sam Brownback and Cryin' Tom Coburn. But here they are, starting us off this morning.

Brownback asks Roberts about Kelo, the recent takings case, and Roberts shows his firm understanding of the issues, but, as one would expect, won't tell us if he thought the Court got it right. Brownback asks about Congress's power to remove particular issues from the Supreme Court's jurisdiction, and Roberts says what he said yesterday: it's a bad idea for Congress to use this power, which may or may not exist — he's not telling. Brownback moves to the topic of abortion, which he focused on in his opening statement: "Could you state your view as to whether the unborn child is a person or is a piece of property?" Roberts gives another short, noncommittal answer about abortion rights. Brownback then consumes a huge chunk of his time giving an anti-abortion speech, at the end of which Roberts can only say, "Well, Senator, I appreciate your thoughts on the subject very much."

Cryin' Tom Coburn bores me to tears except when he amuses me with: "Would you agree that the opposite of being dead is being alive?" And with his "medical" opinion — he's a doctor — that Roberts is a credible witness: "I will tell you that I am very pleased, both in my observational capabilities as a physician to know that your answers have been honest and forthright as I watch the rest of your body respond to the stress that you're under." I'm under some stress over here, listening to this nonsense.

Now we start the second round of questioning, with 20 minutes more from each of these 18 Senatorial characters. So it's back to Specter.

Arlen Specter gets Roberts to expand on the notion of a "living Constitution," which he brought up yesterday. Roberts says: "[The Framers] intended [the Constitution] to apply to changing conditions. And I think that, in that sense, it is a concept that is alive in the sense that it applies -- and they intended it to apply, in a particular way, but they intended it to apply -- down through the ages." That is not the "living Constitution," though. That sounds like a expression of belief that Framer intent governs, so the original conception of the right stays, but that the right applies to new situations — and that itself was intended by the Framers. On further questioning, Roberts restates his idea so that it falls somewhere between a fully evolving Constitution and commitment to original intent. Where the Framers have used a broad, abstract term like "liberty," the courts aren't bound to the particular details that they would have thought liberty comprised. "[W]e should hold them to their word" and interpret the term "consistent with their intent, which was to adopt a broad principle."

Patrick Leahy works through a set of questions mostly aimed at testing Roberts' sensitivity to the rights of the accused and the death penalty. Leahy is blabby and emotive. Roberts is crisp and intent on using legal analysis.

Orrin Hatch has a supportive interaction with the nominee that I'm not going to detail.

It seems more interesting to move on to Ted Kennedy. Toward the end of this exchange, Kennedy gets exasperated that Roberts won't answer more questions (which has become a very tiresome subject):

Well, this may eventually come on up before the court. But the fact is we know how every other justice has voted because they have all voted. And the American people would like to know where you stand on this very important public policy issue, particularly since Sandra Day O'Connor wrote such a compelling decision that was, I think, in the cause of fairness and justice.

Yes, we know the opinions of judges who have already made decisions as judges, but how could that possibly mean that the nominee has to give an opinion in advance?

I like this Q&A with Senator Grassley:

GRASSLEY: Are you against cameras in the courtroom like Justice Rehnquist was?

ROBERTS: Well, my new best friend, Senator Thompson, assures me that television cameras are nothing to be afraid of.

"My new best friend" — that's a locution you don't expect to hear from a sober judge. I hope it means he's Hollywood enough to want those cameras on him, because I want to watch.

Joe Biden is hamming it up big time, dramatizing the frustration of not getting Roberts to say how he'll decide specific cases. We've been through this so many times, but Biden seems to think that, if he just emotes more than the others, the American public will finally see the outrage of a judge not committing his vote before hearing the case. Yet every time Roberts explains why he won't answer, he sounds so eloquent and even inspiring about the role of the judge, that it ends up making the Senator look childish.

Next, Jon Kyl begins to pose a question, " A very wise senator on this committee once said something. Let me quote it to you. And by the way, I contend that he is still wise," and Joe Biden — who just got done hogging the stage — blurts "I bet I'm the wise one." Kyl goes "I'm sorry?" And we see Biden grinning crinkily, beaming as though he thinks he's just adorable. He waves his hand in the "never mind" way and looks down, laughing somewhat maniacally, inexplicably pleased with himself. In fact, the quote turns out to be what Biden said at the Ginsburg hearing about a judicial nominee not answering questions. Well, why doesn't Biden take responsibility for his egregious contradiction? Somehow that old quote doesn't count and he can be all outraged that Roberts is doing what he supported Ginsburg's doing? Doesn't Biden want us to take him seriously if he's planning to run for President? He seems hopelessly out of touch with the impression he's making.

Interesting question from Herb Kohl that Roberts doesn't answer: "Do you believe that the Senate's rejection of Judge Bork in 1987 was a reasonable and respectable act, or instead do you view it as a period of unfair partisanship? What were your thoughts about that case as it unfolded?"

Senator DeWine blats out this cornball advice: "By becoming John Roberts the chief justice, don't ever forget to be John Roberts, the man." And then: "When you put on that black robe and assume your spot on the Supreme Court, you will surely bring with you your heart and your soul, the values you learned from your parents and others that you learned as you grew up in the wide, open fields of your youth."

Uh-oh. Dianne Feinstein is next. I've heard some of this in the car, so I know how bad it is. The Senators pretend not to understand law (or actually don't understand it), and what I heard in the car was the worst. But I kind of like something she says at the beginning:

I guess what has begun to concern me a little bit is Judge Roberts, the legal automaton, as opposed to Judge Roberts, the man, because I've heard so many times, I can't really say because it may come before me. And yet, I don't expect you to say what you would do with Roe one way or another.

But I do expect to know a little bit more about how you feel and how you think as a man, because you're a very young man to be chief justice. You could be chief justice for 40 years. That's a very long time.

That sounds genuine to me, not the usual pre-written material. Here's the part I heard in the car that lowered my opinion of Feinstein:

Commerce clause, the 14th Amendment, Lopez, which began a chain of about 36 cases, striking down major pieces of legislation. It's not easy to get a bill passed here. I mean, there are hearings, there are discussions, there are markups, there's one house, there's another house, there's a president.

It goes through most of the time scrubbed pretty good before it gets to the president.

Gun-free schools -- struck down in 1995, an impermissible use of the commerce clause.

'96, Moses Lake, Washington -- shooting in a school. '97, Bethel, Alaska, principal and one student killed. '97, Pearl, Mississippi, two students killed and seven wounded by a 16-year old. 1997, West Paducah, three students killed, five wounded.

Stamps, Arkansas, two students wounded. Jonesboro, '98, four students, one teacher killed; 10 others wounded outside West Side Middle School. Edinboro, Pennsylvania, one teacher killed, two students.

And on and on and on -- an impermissible use of the commerce clause to prohibit possession of a weapon in schools.

Now, at what point does crime influence commerce?

Why did I dislike that so much? Because there is a complete disconnect between the legal question, the scope of the Commerce Clause, and the rhetorical listing of victims of violence. Is the listener not supposed to notice that there are state laws against murder that don't prevent all murders? Why would a federal law against gun possession have been more effective? Or is one of Congress's enumerated powers the power to show it cares?

I'm skipping Sessions again. On to Feingold.

Actually, no. I'm hitting the wall for today — a tough day, with some grueling minutes at the hands of my kindly oral surgeon. Time for a glass of cognac. I've had my pint of Haagen Dazs. I've downed my Advil tablets (leaving my prescription for a Controlled Substance unfilled). Sorry I'm not getting to Schumer. I heard a bit of him in the car and thought he was awful. But I'm going to have to sign off for the day. I'm not in pain. Don't worry! But I'm just beyond the point where I can carve out spiffy comments. And my senator, Feingold, deserves a fresher eye than I have now. Good night, all!

So that's it for Day 3, as seen by your humble blogger.

UPDATE: I survived the night without Controlled Substances. Advil was perfectly adequate.

The Roberts confirmation hearing.

[NOTE: If you've just arrived here from Slate and are looking for the reference to crying, scroll down to the comments on Tom Coburn.]

I'm going to try to TiVo-blog the Senate Judiciary Committee hearing. I detest listening to Senators speaking, but maybe by blogging along I can force myself to tolerate it.

Arlen Specter. Sorry, I was making a grilled cheese sandwich while he was talking. The one thing that struck me enough to remember until I got back to my keyboard was how wounded he sounded about the way the Supreme Court didn't didn't defer to Congress in the Violence Against Women Act case.

Patrick Leahy. I got my first out-loud laugh when Leahy just started reading the whole Preamble of the Constitution to Roberts. Then he kept saying "We the People" as many times as he could. Roberts has a really intense expression on his face — shots of him are making me think of some of the closeups of Maria Falconetti.

Orrin Hatch. He begins with a paean to William Rehnquist, and now, when the camera shows Roberts, he's looking truly joyful. Either he loved WR or he's just really glad not to have to listen to We-the-People Leahy anymore. I'd never noticed Hatch's accent before, but now I hear him say: "You've had two herrings before this committee." (Actually, I think it's not Hatch's accent. He's just garbling some of the speech he's reading.)

Ted Kennedy. He drags in Katrina. (So did Leahy.) The hurricane revealed poverty and inequity. "There are real and serious reasons to be deeply concerned about Judge Roberts' writings." The hearings are his "interview with the American people." The burden on him is "especially heavy." Why? Because they didn't get all the documents they asked for.

Chuck Grassley. The hearing to confirm Justice White only took 15 minutes. Why are the hearings so long now? TV! And now we've got the internet. Grassley mentions BLOGS! Sound the alarm! He tells Roberts that his experience arguing before the Court "bodes very well in terms of your smoodly transitioning into the Court." Smoodly? You know, if they can't even bother to pay attention to what they are saying, why should we listen?

Joe Biden. My, is he tan! He launches into an intense harangue about the how much the Constitution protects "human dignity and human liberty" and how great is the "consensus" about the right of privacy. Roberts has that passionate Falconetti look about him again. It was Biden who most deeply wounded Judge Bork, years ago, with the same sort of statements he's making now about police in the bedroom and the like. First mention of the dreaded "Constitution in Exile."

Jon Kyl. Looks and sounds good. Repeats themes I've heard too many times — Roberts doesn't need to answer all the questions, etc.

Herb Kohl. My son Chris (age 22) just came home. He looks at the TV and says, "Hey, that's our Senator." He watches for about eight seconds, then bursts out laughing and says: "What is the point of them lecturing him like this?" I just say, "Yeah, I know." Kohl says his standard for voting on a judicial nominee is "judicial excellence," which he proceeds to define as containing four elements. Chris says, "'Judicial excellence.' What bullsh*t." Kohl says: "Justice, after all, may be blind, but it should not be deaf." Me: groan.

Mike DeWine. First mention (I think) of using international law in constitutional interpretation.

Dianne Feinstein. The only woman on the committee begins by addressing Roberts' family, soothing their feelings: Don't feel bad if we really push this family member of yours, of whom you are justly proud. Why does the one woman on the committee have to be the one that talks to the wife? It's got to be the woman who takes care of feelings, doesn't it? Yet all the guys are pontificating as much as possible about women's rights. She reads her speech too slowly, and Specter ends up calling time on her just as she's in the middle of an elaborate description of a monument she saw recently in Budapest.

Jeff Sessions. He comes out against post-modernism. Words have meaning, he informs us.

Russ Feingold. I don't know why Wisconsin gets two Senators on the committee, but we do. Feingold gets the first laugh I hear from the assembled crowd, when he comments that Roberts looks "healthy," after pointing out that Roberts is up for a lifetime appointment. Roberts and his wife both look like they think it's highly amusing. Of course, Feingold's setting up his statement about how intense the scrutiny ought to be. Of all the Senators, Feingold makes the most articulate argument for why Roberts should answer detailed questions. He's the best speaker on the committee — probably the smartest too.

Lindsey Graham. "Elections matter," Graham says, making what is, I would say, the key point. George Bush won the election, and he won saying quite clearly what sort of judges he would appoint. Bush has now nominated someone with stellar professional qualifications, and the only grounds to oppose him would seem to be ideological. And that's simply not enough. "We shouldn't invalidate elections."

Charles Schumer. This Chief Justiceship would bring Roberts "awesome responsibility, awesome not in the way my teenage daughter would use the word, but in the Biblical sense of the angels trembling in the presence of God." I wonder if his daughter actually does go around saying "awesome" and if she approved of that line. Chances are someone on the staff wrote that and thought it was good comedy, though that "angels trembling/presence of God" part was a real laugh-killer. Or do you think someone thought that was good comedy too? Schumer says his vote is going to depend on whether Roberts turns out to be in the "mainstream." This is, I think, the first invocation of the term "mainstream." And, of course, we all know that this is a set-up for his closing speech, where he informs us that he came to the hearings with an open mind but has been deeply disturbed to discover over the course of the hearings that John Roberts is not in the mainstream and, therefore, sadly, he must vote no. Schumer sternly warns Roberts that he must answer specific questions and flatly tells him he will vote no if Roberts does not. I think we know very well that Schumer will vote no.

John Cornyn. "Everything's been said, but not everyone has said it yet," he jokes about his late appearance in the order of speaking. Of all the Senators, Cornyn makes the most articulate argument for why Roberts should not answer detailed questions. So he's Feingold's counterpart. He tells Cornyn, "Don't take the bait." Don't give them what they insist you must.

Dick Durbin. A judge ought to expand freedom and be courageous about it.

Sam Brownback. Hey, the person next to him has the NYT crossword there on the table. A Monday puzzle — can't while away too many minutes with a mere Monday puzzle. Brownback makes what is by far the strongest anti-abortion statement.

Tom Coburn. "When I ponder our country and its greatness, its weaknesses, its potential, my heart aches for less divisiveness," he says and pauses a long time, choking back tears. "He's crying?!" I exclaim. We rewind the TiVo and play it again and, I'm sorry to say, laugh a lot. After the long pause, he goes on: "...less polarization, less fingerpointing, less bitterness, less mindless partisanship." You know, I agree! I feel very strongly about all of those things. But crying in a Senate hearing speech, moving yourself to tears? I'm sorry. I laughed a lot.

Finally, the opening statements are over. Now, Richard Lugar, sitting next to Roberts, presents Roberts to the committee. It's Lugar because he's from Indiana, like Roberts. Following on is Evan Bayh, also of Indiana (and very nice looking!). Then John Warner takes a stern tone with the committee, telling them that they need to watch how they conduct themselves.

And at last! It's Roberts! He raises his right hand to take the oath and huge waves of camera shutters fire off.

John Roberts. "Nobody ever went to a ballgame to see the umpire." Judges are umpires. They need to be "modest" about what their role is. The rule of law. "A government of laws and not of men." Beautifully said. "I come to the committee with no agenda... I have no agenda, but I do have a commitment." He's saying exactly what a judge should say. "It's my job to call balls and strikes and not to pitch or bat." The fields of Indiana represented for him "the limitless possibilities of our great land." You know if I were stranded in the cornfields of Indiana, I would not have perceived limitless hope. And who knows if he really did, as opposed to thinking get me the hell out of this mindnumbing flatland? But it's a pretty (albeit dubious) image. Hey! Suddenly, he's done! The coolest thing about that is how short he made it!

And the committee shuts down until tomorrow.

ADDED: For Day 2 TiVo-blogging, go here.