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Over at Publicola Josh speculates that an intramural brawl with Tea Party candidate Clint Didier might actually help Dino Rossi in November:

Didier is going to make Rossi look good (moderate) to the mainstream public. Instead of alienating the GOP base, Rossi’s scrap with Didier is going to attract moderate Democrats and Independents who want change, but not Krazy change.

Didier will make those important moderate voters feel comfortable with Rossi in time for the general.

Hmm… I don’t think so, and here’s where I think Josh gets a little too clever for his own good: see, voters already know Rossi, and while I suppose he could run to the left of Didier — it’s as reasonable a strategy as any — I’m not sure that convinces moderate voters, especially Democrats, most recently familiar with Rossi from 2008.

About 200,000 more voters cast ballots in 2008 than in 2004, a year in which Libertarian candidate Ruth Bennett took 63,000 votes, yet Rossi only increased his totals by about 30,000 votes in a top-two face-off. And in King County, by far the largest and most Democratic county in the state, Rossi actually received 25,000 fewer votes in 2008 than he did in 2004, garnering less than 36% of the vote compared to over 40% four years earlier.

One can only assume that moderate Democrats and independents got to know Rossi better over the intervening four years, and that they didn’t like what they saw. So I don’t see how a contrast with Didier, however sharp, changes many minds. In some ways, due to his visibility, Rossi is every bit as much of an incumbent as Murray, and with all the strengths and weaknesses that implies.

The other flaw in Josh’s reasoning is that it ignores the fundamentals of this particular political climate, in which the single biggest factor Republicans have going in their favor this cycle is a still somewhat yawning gap in enthusiasm between the bases of the two parties. I think former state GOP chair Chris Vance is at least half right when he says “If the wave is big, Dino Rossi is going to win. If the wave shrinks, he’s probably not going to win.” (Only half right, because I don’t believe even a big wave is a guarantee of victory.)

This election, or at least Republican hopes of substantial pickups, is all about turnout, and state Republicans are just not going to excite their base having Dino running as a RINO. Rossi needs relatively enthusiastic support from the Tea Party, assuming it really exists, if he’s to have a hope of beating Sen. Patty Murray, and I don’t see how he generates this by running to the left of his party’s conservative base.

So while I fully expect Rossi to choose his words and issues carefully, depending on the crowd, I also expect him to attempt to embrace at least the spirit of the Tea Party, if not all of its stupider, Tentherist specifics. It’s a risky strategy in a state in which Democrats enjoy such a strong numerical advantage, but if Rossi’s only hope of victory is a Big Red Wave™, then he’s gonna have to ride it as long and as hard as he can.

Anonymity — or at least, pseudonymity — holds a long and cherished place in American history, dating back well before our nation’s founding.

Benjamin Franklin honed his skills as a journalist writing under a number of pseudonyms, and Thomas Paine’s highly influential and historically revered Common Sense was originally published anonymously in 1776. And then of course there are the Federalist Papers, authored by Alexander Hamilton, James Madison and John Jay, but published under the pseudonym Publius.

I mean, if anonymity was good enough for our founding fathers, it’s certainly good enough for me.

But apparently, it’s not good enough for Ted Van Dyk, who laments the “negative and sometimes vicious personal attacks” he endures in the threads over at Crosscut, and who wonders if the comments might be more civil “if those making them had to sign their own names?”

Oh, boo-hoo.

Yeah sure, there are those who abuse the privilege of anonymity, as demonstrated by the sewer that is my comment thread, but democracy is a messy thing, especially the nearly inviolable right to free speech that guarantees it. Of course I wish my trolls would put half the thought into their comments as I put into my posts, and their relentless effort to drive my threads off-topic is disappointing to say the least. But if there’s one free market I believe in, it’s the free market of ideas.

There’s a reason why HA quickly rose to prominence and popularity while my trolls, like the barnacles that they are, still desperately cling to my keel, and it sure as hell has nothing to do with the market distorting powers of money and influence.

Yet despite the unprecedentedly vibrant forum the Internet has fostered, in which even the Crosscut Home for Retired Journalists can earn itself a valued role in the public debate, Van Dyk still pines for the good old days when editorial gatekeepers, too cowardly to sign their own editorials, not only got to pick and choose which voices the public would hear, but got to edit them to boot.

“We all are familiar with the old print-journalism procedures,” Van Dyk nostalgically writes, “whereby readers sent letters to the editor and a few, in the end, got published — always bearing the writers’ names.”

And that’s a good thing? Given a choice between democracy and decorum, Van Dyk clearly chooses the latter.

Honestly, could this crusty, old, milk industry bagman get any more old and crusty? Um… yeah:

A related matter, speaking of the online world and its comments, someone has used Twitter — tweeted — using my name and photo, to transmit silly observations, which some of those receiving then attribute to me.

The Twitterer in question has registered as presenting “parody” and thus is within Twitter ground rules. Please know that I do not Twitter and that another person is mischievously Twittering in my name.

Really, Ted? And what was the giveaway? The word “Fake“ prominently featured in our Fake Ted Van Dyk feed’s title?

Reading between the lines, it sure does sound like Van Dyk contacted Twitter attempting to get the feed shut down, so if there really is any confusion as to provenance, perhaps that’s understandable when given the cartoonish nature of his complaint, Van Dyk once again comes off as a parody of himself.

Back in 2005, when local pundits were kvelling over how Mike McGavick, with his mix of political experience and private sector success, was such a savvy choice to counter Sen. Maria Cantwell, I wasn’t so sure:

It’s hard to imagine how the Republicans are going to present a multi-millionaire insurance company executive who proudly advocates shipping jobs overseas, as a “man of the people.” But you know they’re going to try.

I hear some righties snidely claim that they’re going to force Cantwell to run on her record. Well I hate to burst their bubble, but McGavick has a record too, and it ain’t gonna look so pretty by the time November, 2006 comes around.

Substitute “real estate speculator” for “insurance company executive” and you get Dino Rossi circa 2010.

Republicans and some namby-pambies in the press may decry the way the DSCC has been adroitly flinging dirt at Rossi these past few months, but the Dems don’t need to uncover any illegal or corrupt real estate speculation to damage Rossi, they merely have to drive home the point that this is how he makes his living. For in the same way that “insurance company executive” wasn’t exactly the most admired profession back in 2006, “real estate speculator” (or even the less pejorative “investor”) is hardly the best sales pitch to voters in our post real estate bubble economy.

Rossi made his fortune on Western Washington’s prolonged real estate bubble. That’s a fact. And as his own website made clear in the wake of his 2008 gubernatorial loss (and until nearly an hour after it was supposed to flip over into campaign mode), Rossi sought to profit further from the losses suffered by others in the real estate market’s subsequent collapse:

“The next two years will be a terrific time to purchase quality properties at prices that make sense.”

Nothing illegal about that. Nothing particularly unethical, I guess, by capitalist standards.

But there’s nothing particularly honorable about it either.

There will be two candidates on the November ballot, and assuming Rossi makes it past the primary, only one of them will have profited from the real estate bubble, and from its epic collapse that undermined our economy and put millions of Americans out of work.

Huh. “Insurance company executive” doesn’t sound like such a bad resume bullet point anymore, does it?

Arizona Governor Jan Brewer suggests to Obama that he should send aerial drones and helicopters to fight the drug war at the border because of “how effective these assets have become in Operations Iraqi and Enduring Freedom”. Since her letter doesn’t say so either way, I’m hoping Brewer only wants these aircraft for surveillance purposes and not to rain down bombs on Arizona towns.

UPDATE: Artfart in the comments:

When Obama was heard to say “Plug the damn hole!” was he referring to the blowout in the Gulf of Mexico or Jan Brewer’s mouth?

Politico reports that Dino Rossi is preparing to jump into the U.S. Senate race, and has made his first hire:

Former Washington gubernatorial candidate Dino Rossi has enlisted GOP strategist Pat Shortridge to serve as general consultant for his likely campaign against Democratic Sen. Patty Murray, a Republican consultant tells POLITICO, in the clearest sign yet that Rossi is poised to announce his candidacy.

Shortridge, who is based in Minnesota and serving as a senior strategist for Florida Senate candidate Marco Rubio, did not confirm or deny that he’s signed on with Rossi, telling POLITICO Monday morning: “I don’t have any comment on that. There’s a time and a place for everything.”

According to a DSCC press release, Shortridge was also a top lobbyist in Enron’s Washington office, where he lauded Enron as “a terrific company, very innovative, very free-market-oriented,” just months before it collapsed in scandal and indictments.

“It’s no surprise that Dino Rossi’s first hire in his Senate campaign is a former lobbyist for Enron,” said DSCC Communications Director Eric Schultz. “Rossi’s consultant is likely well-trained in defending shady deals, questionable business arrangements, and other ethical lapses. At least Dino Rossi acknowledges the baggage he brings to the race and is building a campaign accordingly.”

Kinda fitting.

UPDATE:
The Seattle Times reports a second hire, Tom Goff, who served as Mike!™ McGavick’s field advisor during his failed 2006 challenge to Sen. Maria Cantwell. I’m quaking in my boots.

Last week’s contest was won by uptown. It was Love’s Travel Stop along I-40 east of Oklahoma City, which was destroyed in last week’s tornadoes. Here’s a page showing what’s left of it.

If you haven’t been by for the contest in a few weeks, each contest picture is now related to something in the news, and the image might not be at the default orientation (facing north). As always, you can click the picture to go straight to the Bing mapping site. Here’s this week’s, good luck!

Last week, an investigation into a Tacoma medical marijuana dispensary (which is still illegal in this state) led to three raids by the West End Narcotics Enforcement Team – also known as WestNET. Two of the raids were in Tacoma, while a third was in Olalla, just west of Vashon Island. The Seattle Weekly reports on the Olalla raid:

Christine Casey, patient coordinator of North End Club 420, tells the Weekly that the detectives from the West Sound Narcotics Enforcement Team (WestNet) who came to her house in Olalla (west of Vashon Island) handcuffed her 14-year-old son for two hours and put a gun to his head. They also told the kid to say good-bye to his dad, Guy Casey, because the dispensary owner was going to prison.

And as the detectives looked for cash to prove that the dispensary was illegally profiting from pot sales, Casey says, they confiscated $80 that her 9-year-old daughter had received from her family for a straight-A report card. Where did they find it?

In the girl’s Mickey Mouse wallet, according to Casey. She also claims that the cops dumped out all her silverware, busted a hole in the wall, and broke appliances. She alleges too that the cops finger-wrote “I sell pot” in the dust covering the family’s Hummer, which the cops then seized. (WestNet did not return repeated calls seeking comment.)

It’s worth keeping in mind that WestNET is the same agency that allegedly tried to poison Bruce and Pamela Olson’s dogs before raiding their home in 2007. The dogs required $2,000 in vet bills. Bruce Olson, also of Olalla, was eventually acquitted of all charges against him after the police informant who claimed to have bought marijuana from Olson was deemed by the jury to have zero credibility.

Once again, WestNET is claiming that a “police operative” repeatedly bought marijuana from the Caseys without showing a medical marijuana authorization. The Caseys deny it. If the Caseys are telling the truth, it’s just another reason to put pressure on our state’s Congressional delegation to eliminate WestNET’s federal funding.

But that’s not the only wrongdoing being alleged here. Sensible Washington, the group running the I-1068 campaign, says that WestNET also seized a number of signed I-1068 petitions:

Sensible Washington has learned that one dozen signed copies of I-1068, the marijuana legalization initiative for Washington State of which Sensible Washington is the sponsor, were seized last week by the federally-funded WestNet drug task force. Our estimate is that 200 signatures are sitting in WestNet’s offices in Port Orchard, apparently seized as evidence during a series of raids against the North End Club 420 in Tacoma. The club is operating as a medical marijuana dispensary.

We have made repeated calls to WestNet’s office, but have yet to receive any assurance that the task force’s personnel have secured the signed petitions and that they plan to promptly return them to Sensible Washington.

I’m trying to determine if WestNET would be violating any specific laws by refusing to turn over signed petitions. I’ll update this post if I get an answer.

UPDATE: Josh Farley is reporting that WestNET will return the petitions.

UPDATE 2: The Port Orchard Independent still has its head in the sand.

Rep. Dave Reichert’s “conscience-driven independent streak” was on display once again last week in a closed-door meeting with 8th Congressional District Republican PCO’s, where the three-term congressman attempted to defend the strategy behind his handful of pro-environmental votes. But before speaking frankly, he had to make sure that he was amongst friends:

Now, first of all, are there any reporters in the room? Does anybody recognize … are there any people in here that you recognize as strangers? So we know that all of us in here are family, right?

Well, apparently not, hence the leak of this secretly recorded audio from the meeting, which I now provide to you, totally unedited:

[audio:http://horsesass.org/wp-content/uploads/ReichertEnvironment.mp3]

Aren’t full-featured smart phones wonderful?

Rep. Reichert goes on to explain the “certain moves, chess pieces, strategies” he must employ to hold his “50/50 district,” even if it means breaking with his party, and his conscience, to occasionally cast a vote in favor of the environment.

Uh, I just wanted to be honest with you. You know Jennifer Dunn was an environmentalist, uh, in her votes, too. Uh, she was also pro-choice. I don’t know if most of you remember that now. But, but, if you want to hold on to this district, there are certain, there are certain things that you must, uh, do. This is a 50/50 district.

Notice how Reichert distinguishes between being an environmentalist, and being an environmentalist in one’s votes. That’s kinda the whole theme here.

Now if you look at Senator Brown’s race, uh, he took, in order for him to win that race in Massachusetts, it took 60 percent of the independent votes to win. Now you may not get, if you watch Senator Brown’s votes now over the next six years you might say, “What the heck… why did we vote for him?” you know, Massachusetts people. But he’s going to be maybe 70/30, maybe he’s going to be an 80/20, but at least you don’t have a 99 percent/one. You know 99 D, one percent R. Uh, you have a 70/30, 80/20. You have got to pick your battles.

Hear that? You gotta pick your battles. And while Reichert loves to regale his audiences with tales of being shot at, and staring the Green River Killer straight in the eyes (indeed, at almost six and a half minutes, this may be the longest I’ve ever heard Reichert go without mentioning his stint as sheriff), hell if he’s gonna take on those scary, hemp-wearing, granola-crunching, tree-hugging environmentalists.

Uh, if you look at the Pombo race in California – all of you remember Mr. Pombo? – he was a 20 percent. He had 20 percent victory in California. He was a huge roadblock to the environmentalists. They came in – was it two years ago we lost? – two or four years ago he lost. The environmental groups came in with millions of dollars and flipped that 20 percent, 20 points, they flipped that district. He lost.

And Reichert…?

I only have two to three percent to play with, every two years, and I have to raise three to four million dollars to stay in, to do it. I am a 90/10. 90 to 10, if you look at my votes. All the TARP votes are no, all the stimulus package votes are no, the health care I’ve been no all three times.

Let’s be clear: Reichert is no environmental leader, and he sure as hell doesn’t want to be perceived as one, at least not behind closed Republican doors. He votes 90% with his Republican leadership, and that other 10%…? Well, that’s just what he needs to do in order to keep those big, bad environmentalists from kneecapping him the same way they did poor Rep. Pombo.

Wild Sky was a done deal. It was already in its process. It had been worked on for eight years before I even came to Congress. Jennifer Dunn endorsed Wild Sky, and I followed in her footsteps per her advice.

[…] So, uh, you know, it, it, it, was it was a good vote. It was a good move on my part to do that.  … Because I’ve only, I’ve, supported Wild Sky, I’ve supported Alpine Lakes, because of the reasons that I just laid out to you. They are – what I’ve done is taken out I’ve taken them out of the game in this district. They’re out.

Hear that, Washington Conservation Voters and other environmental groups? Reichert has taken you “out of the game” in his district. You’re out.  So… how’s it feel to be played by Dave Reichert?

And it’s not like we all didn’t have a heads up, for this isn’t the first time Reichert has publicly said a little more than he probably should’ve about his brand of pragmatic politics… for example this 2006 speech before the Mainstream Republicans in which he insists on detailing the obvious:

And so when the leadership comes to me and says, “Dave we need you to take a vote over here, because we want to protect you and keep this majority,” I do it.

Of course, less surprising than Reichert’s repeated admission that he blatantly panders to environmentalists in order to maintain his 90% Republican voting record in his 50/50 district, is that the Seattle Times rewarded him for it by outrageously lauding him as a “conscience-driven independent.”

How embarrassing. And not just for the Times. For while environmental leaders may feel like they’ve scored a strategic victory by strong-arming Reichert into compliance, their narrow focus on their own legislative agenda ends up hurting the broader agenda of the progressive community as a whole. WA-08 is a 50/50 district with a congressman who votes 90/10, at least partially because environmental groups have failed to hold Reichert responsible for his hypocrisy.

Were he representing a more conservative district, that might be acceptable, but we could do much better than that in WA-08… if only environmental voters in his district would take Reichert at his word, rather than his vote.

– Specter goes down

– The Korean War – still going on

– Ryan Grim points out that the truly despicable Mark Souder is now seeking forgiveness for moral transgressions after never believing in such a thing as a Congressman.

– Daniel Jack Chasan in Crosscut claims that Attorney General Rob McKenna’s lawsuit against the health care bill isn’t as ridiculous as most legal experts think it is. But what I found interesting was that on page 2, McKenna tries to address the hypocrisy of being outraged by the new health care bill, despite not being previously outraged by the ruling that set the most recent precedent for interpreting the Commerce Clause, Gonzales v. Raich. In fact, McKenna happily used that ruling to go after medical marijuana patients in this state. Here’s what Chasan reported:

McKenna concedes that five years ago in Raich, Justice Antonin Scalia concurred with the majority ruling that the commerce clause enabled Congress to seize marijuana plants being grown legally — allegedly for medical purposes — under California law. (Talk about strange bedfellows: Scalia concurred in the majority opinion written by John Paul Stevens, while Clarence Thomas joined Sandra Day O’Connor’s dissent.) But pot-growing is activity, not inactivity, McKenna notes, and besides, marijuana is clearly traded in interstate commerce.

Here’s part of the ruling from Gonzales v. Raich:

Cases decided during that “new era,” which now spans more than a century, have identified three general categories of regulation in which Congress is authorized to engage under its commerce power. First, Congress can regulate the channels of interstate commerce. Perez v. United States, 402 U.S. 146, 150 (1971). Second, Congress has authority to regulate and protect the instrumentalities of interstate commerce, and persons or things in interstate commerce. Ibid. Third, Congress has the power to regulate activities that substantially affect interstate commerce. Ibid.; NLRB v. Jones & Laughlin Steel Corp., 301 U.S. 1, 37 (1937). Only the third category is implicated in the case at hand.

Our case law firmly establishes Congress’ power to regulate purely local activities that are part of an economic “class of activities” that have a substantial effect on interstate commerce. See, e.g., Perez, 402 U.S., at 151; Wickard v. Filburn, 317 U.S. 111, 128—129 (1942). As we stated in Wickard, “even if appellee’s activity be local and though it may not be regarded as commerce, it may still, whatever its nature, be reached by Congress if it exerts a substantial economic effect on interstate commerce.” Id., at 125. We have never required Congress to legislate with scientific exactitude. When Congress decides that the “ ‘total incidence’ ” of a practice poses a threat to a national market, it may regulate the entire class. See Perez, 402 U.S., at 154—155 (quoting Westfall v. United States, 274 U.S. 256, 259 (1927) (“[W]hen it is necessary in order to prevent an evil to make the law embrace more than the precise thing to be prevented it may do so”)). In this vein, we have reiterated that when “ ‘a general regulatory statute bears a substantial relation to commerce, the de minimis character of individual instances arising under that statute is of no consequence.’ ” E.g., Lopez, 514 U.S., at 558 (emphasis deleted) (quoting Maryland v. Wirtz, 392 U.S. 183, 196, n. 27 (1968)).

The lines that McKenna is trying to draw here between the two cases simply don’t matter within the context of the Gonzales v. Raich decision. There’s no distinction made between activity and inactivity or any reason to believe that failing to be insured wouldn’t be considered an “activity”. Congress can establish requirements for possessing health insurance because the lack of health insurance by large numbers of citizens would have a substantial effect on interstate commerce. Second, in the Gonzales v. Raich decision, they specifically addressed the case where the marijuana is not sold and never part of any market. What was decided was that even in that case, price fluctuations could theoretically cause the marijuana to enter the market, therefore it was within the scope of the Commerce Clause to regulate it.

That’s the aspect of the decision that never sat well with me, but there isn’t even an equivalent argument to be made for what McKenna is arguing. In a regulated health care system (which not even McKenna is saying Congress can’t implement), if you establish a rule that health care providers can’t reject people with pre-existing conditions, then you have to implement something to keep people from just waiting until they get sick before they buy insurance. Otherwise, the system goes bankrupt. And that’s done through either mandates or taxes. I don’t see any way that the Supreme Court would rule that one method is fine (implementing taxes), but the other is unconstitutional. And neither do most legal experts from what I can tell.

Paul Armentano brings us the scary resume of President Obama’s nominee to run the DEA, Michele Leonhart:

As interim DEA director, Ms. Leonhart orchestrated federal raids on individuals and facilities who were compliant with the medical marijuana laws of their states — a policy that is in direct conflict with the wishes of the present administration. Further, Ms. Leonhart has inexplicably called the rising death toll of civilians attributable to the U.S./Mexican drug war “a signpost of the success” of current drug prohibition strategies. Finally, she has repeatedly acted to block clinical research into the medical properties of marijuana — actions that would appear to run contrary to this administration’s pledge to allow science, rather than rhetoric and ideology, guide public policy.

You can contact Senators Murray and Cantwell with this online alert.

If Dino Rossi is betting on Tea Party enthusiasm to sweep him into a competitive race with Democratic incumbent Sen. Patty Murray, he better not bet too big, at least according to a couple of ‘baggers quoted in yesterday’s TNT:

Rossi is considering whether to enter the race against Sen. Patty Murray. One of a long roster of less well-known Republicans seeking to unseat Murray, former NFL tight end Clint Didier, last weekend said tea party activists would reject Rossi. And no candidate will win without their backing, he said.

Pierce County Tea Party member Lawrence Hutt agrees, though he supports a different candidate for Senate, Sean Salazar.

“Rossi is too establishment to get the tea partiers all fired up,” said Hutt, a paralegal from Wauna. “He’s not going to fan the flames of any tea partiers I know.”

Sen. Patty Murray’s alleged vulnerability hinges on a voter enthusiasm imbalance… you know, that Big Red Wave that’s supposed to sweep Democratic incumbents out of office come November. But if a lot of that Republican enthusiasm is coming from the over-hyped teabagger wing of the party, then the later Rossi jumps into the race, the more of an establishment interloper he’s going to appear to Didier and Salazar’s passionate supporters.

I mean, it would have been one thing if Rossi had gotten into the race back in March when he first started dominating the headlines and rumor mill, but for him to just step in and claim the nomination a couple months before the primary, well that can’t help but piss off a bunch of the true believers, and it’s tough to see how it puts him in much of a position to win their enthusiastic support.

The longer Rossi waits, the more toes he steps on, and the harder the logistics of a competitive race become. For example, if he were to jump in tomorrow, Rossi would have to raise about $60,000 a day between now and Nov. 2, just to match Sen. Murray’s current totals. And it’s not like Sen. Murray would be standing still; in 2004 she raised an additional $5.1 million from April through the end of the campaign, while facing only an anemic challenge from George Nethercutt.

Nor can Rossi count on anything approaching the $13 million worth of “independent” expenditures that came his way during his 2008 gubernatorial campaign. The BIAW, by far his biggest backer, is betting the farm on an initiative that would gut our state’s worker’s compensation system, while the NRSC would have an awfully tough time matching the $5.5 million the RGA put behind Rossi two years ago. Meanwhile the Washington Association of Realtors, one of the state’s wealthiest Republican-leaning PACs, has already endorsed Murray.

So is Rossi too liberal? No. Is he too establishment? Maybe. But his biggest problem is that he’s not really enough of anything.

It looks like Obama is set to pick Elena Kagan for the open Supreme Court slot. Glenn Greenwald has previously laid out why this is a terrible choice. University of Colorado Law Professor Paul Campos explains how reminiscent she is of Harriet Miers:

At least in theory Kagan could compensate somewhat for the slenderness of her academic resume through the quality of her work. But if Kagan is a brilliant legal scholar, the evidence must be lurking somewhere other than in her publications. Kagan’s scholarly writings are lifeless, dull, and eminently forgettable. They are, on the whole, cautious academic exercises in the sort of banal on-the-other-handing whose prime virtue is that it’s unlikely to offend anyone in a position of power.

Take, for example, Kagan’s article, “Presidential Administration,” which appeared in the Harvard Law Review in 2001. The piece is dedicated largely to reviewing the extant literature on the power of Congress and the president to control the actions of administrative agencies. Kagan’s thesis consists of presenting a fairly standard view within administrative law scholarship—that relatively tight presidential oversight of administrative agencies can have beneficial regulatory effects—as if it were a novel argument. She maintains, on the basis of thin evidence, that such oversight increased significantly under the Reagan and Clinton presidencies, and concludes with the tautological insight that presidential oversight can be a good thing if it doesn’t go too far.

Kagan’s work reminded me of Orwell’s observation that, if book reviewers were honest, 19 of 20 reviews would consist of the sentence, “this book inspires in me no thoughts whatever.” The bottom line regarding Kagan’s scholarly career is that there’s no there there. This is a problem not only because we have no evidence regarding what her views might be on almost any important legal question, but also because Kagan’s supposed academic achievements are being touted as the primary justification for putting someone who has never been a judge on the nation’s highest court. Now the fact that Kagan is more or less an academic nonentity would be of merely academic interest if she possessed unrelated but compelling qualifications for ascending to the nation’s highest court. But what else, exactly, has she done?

Besides her law-school career, Kagan’s resume consists of four years in the Clinton White House, where she was Associate White House Counsel—a full rung down from Harriet Miers’ position in the Bush White House—and Deputy Director of the Domestic Policy Council, and six years as the dean of Harvard’s law school. (Last year, Obama chose her as his solicitor general).

Apparently her main accomplishment as dean at Harvard was raising a lot of money, which, given that it’s the Harvard Law School, sounds roughly as impressive as managing to sell a lot of pot at a Grateful Dead concert. (She’s also been given credit for improving the collegial atmosphere at the school, a.k.a., getting a bunch of egomaniacs to engage in less backstabbing, which anyone familiar with law school faculties can attest is not a negligible accomplishment. Whether it’s a sufficient basis for putting somebody on the Supreme Court is another matter.)

It seems clear Kagan is a bright person and an able administrator. But Harriet Miers was those things as well: She had a long and successful career in the private practice of law, she was the first woman president of the Texas Bar Association, and she was the top lawyer in the White House for several years prior to her nomination to the Court.

Miers’ nomination was derailed by two complaints: that her primary qualification was that she was a “crony” of the president, and that nobody knew what views she had, if any, on the vast majority of questions facing the Supreme Court. Both criticisms are just as relevant to Kagan’s potential selection.

Greenwald has a longer list of those pointing out the inadequacy of this pick.

UPDATE: Well, that didn’t take long. The “Obama is the messiah and I dare not question his judgment” point of view has already been shared in the comments:

As for trusting Obama’s judgement over my own? Yeh .. he is smarter than I am and has access to a lot of good advice. That is why I voted for him.

From Greenwald’s post I linked to above:

Perhaps most revealing of all: a new article in The Daily Caller reports on growing criticisms of Kagan among “liberal legal scholars and experts” (with a focus on the work I’ve been doing), and it quotes the progressive legal scholar Erwin Chemerinsky as follows: “The reality is that Democrats, including liberals, will accept and push whomever Obama picks.” Yesterday on Twitter, Matt Yglesias supplied the rationale for this mentality: “Argument will be simple: Clinton & Obama like and trust [Kagan], and most liberals (myself included) like and trust Clinton & Obama.”

Just think about what that means. If the choice is Kagan, you’ll have huge numbers of Democrats and progressives running around saying, in essence: “I have no idea what Kagan thinks or believes about virtually anything, and it’s quite possible she’ll move the Court to the Right, but I support her nomination and think Obama made a great choice.” In other words, according to Chemerinksy and Yglesias, progressives will view Obama’s choice as a good one by virtue of the fact that it’s Obama choice. Isn’t that a pure embodiment of mindless tribalism and authoritarianism? Democrats love to mock the Right for their propensity to engage in party-line, close-minded adherence to their Leaders, but compare what conservatives did with Bush’s selection of Harriet Miers to what progressives are almost certain to do with Obama’s selection of someone who is, at best, an absolute blank slate.

Exactly. The idea that progressives need to support Obama’s decisions without question just turns us into what has been so dangerous about the current incarnation of the Republican Party.

UPDATE 2: Lawrence Lessig’s post at HuffPo is a good rebuttal to those who say that Kagan is unqualified. I’m still in agreement with Greenwald that Obama should be faulted for not picking a justice with a more well-established background, but Lessig does make me feel a little more optimistic about what is my primary fear – that Kagan will end up being the direct opposite of David Souter, a justice who ends up shifting the court in the opposite direction from what was expected by his/her supporters.

UPDATE 3: Adam Serwer finds some evidence that Kagan may be better on executive power issues than expected, but wonders why the Administration hasn’t been more forthcoming over it.

My trolls like to disparage me as a Darcy Burner fanboy, but I’m much more pragmatic than most folks imagine, for while other local bloggers had quickly lined up behind Darcy by the early fall of 2005, I insisted on waiting until after I saw who else might jump into the race.

In fact, I didn’t merely wait, but rather proactively reached out to then Republican state Rep. Fred Jarrett, urging him to challenge incumbent Dave Reichert… as a Democrat. And Fred’s thoughtful response not only deepened my respect for him, but ultimately convinced me that Darcy’s relative youth was an asset, not a liability:

I’m honored you’d make such a suggestion.  Thanks.  The truth is that I’m too old to run for Congress.  It would be a waste of the state’s time.  We need someone at the oldest in their early 40s (early-to-mid-30s would be best) to be Norm Dicks’ replacement.  Notice what his seniority has done for the state, or better still, look at how the South has been able to dominate national legislative policy through their “seniority strategy.”  All of Robert Caro’s books on LBJ demonstrate this in spades.

I hope that Fred doesn’t mind me publishing our private correspondence these years later, but his words of advice came back to me on news of Rep. David Obey’s retirement, and the likely elevation of Washington’s own Rep. Norm Dicks to the chairmanship of the powerful House Appropriations Committee.

Like it or not, a substantial segment of our state’s economy has long been dependent on our national military-industrial complex. Turn up your nose at such “pork barrel politics,” but that Air Force tanker contract for example, it’s gonna create jobs — either here in blue Washington, or to a lesser extent in red Alabama — and whatever the technical merits of Boeing’s bid, our aerospace workers would be at a severe competitive disadvantage without a powerful congressional delegation to back them up.

Likewise Washington is constantly competing with other states for billions of dollars of federal grants for education, health care, transportation, and other critical services and infrastructure projects. Again, it’d be nice to be more high-minded about it, but that wouldn’t get us very far in such an adversarial appropriations process.

So while Dicks might not be my favorite member of our state’s House delegation, he’s by far its most powerful, and thus we all have a selfish stake in his ascension to the Appropriations chair, and in assuring that Democrats maintain control of Congress. That’s something voters in WA-03 might want to consider as they fill the open seat down in that swing district; if Democrats lose control of the House, Dicks will lose much of his ability to help his colleagues bring home the bacon. And we all love bacon.

The same, by the way, holds true for Sen. Patty Murray. As a senior member of the Senate Appropriations Committee and the chair of its subcommittee on Transportation, Housing and Urban Development, and Related Agencies, Murray has played a key role in securing federal dollars for vital local projects. Billions of dollars for Hanford cleanup? Thank Sen. Murray. $813 million to finish the Link Light Rail tunnel from Westlake to the UW? Sen. Murray has been Sound Transit’s “chief patron.” The federal dollars needed to fix the failing Howard Hanson dam? It’s Sen. Murray who is leading the charge in the other Washington.

It takes years to build up that kind of seniority and power. Decades. Sen. Murray is one of the most powerful Democrats in the U.S. Senate. It’s not beyond the realm of possibility that she could even be Majority Leader come January, 2011. So lose Sen. Murray and Washington state stands to lose billions of dollars in desperately needed federal money. That’s just the way the system works.

And that’s why, for example, I expect the Seattle Times to endorse Sen. Murray this November, regardless of her opponent. And I’ve proven pretty uncanny in predicting Seattle Times endorsements.

Yeah, sure, the economy sucks, and it’s always cathartic to send politicians a message. But Washington state simply does not have that luxury when it comes to senior congressional leaders like Rep. Dicks and Sen. Murray, and the Democratic majority that grants them their power. Thus wherever you stand ideologically, it is hard to argue that a Republican wave this November would be in the interest of Washington state.

Here are a few of questions for Dino Rossi to ponder as he continues to consider a run for the U.S. Senate against Democratic incumbent Sen. Patty Murray: what exactly has NRSC chair John Cornyn promised you? Can Cornyn actually deliver? And if he can, will it actually help you?

Back in May of 2009, Cornyn prominently threw his weight behind Florida Gov. Charlie Crist in the Sunshine State’s U.S. Senate contest, but after months of trailing Marco Rubio in the polls, and being outraised 3 to 1 in the recent quarter, Crist is widely expected to announce tomorrow that he’s leaving the GOP and launching an independent campaign. At the time of the endorsement Cornyn kvelled:

“Governor Crist is a dedicated public servant and a dynamic leader, and the National Republican Senatorial Committee will provide our full support to ensure that he is elected the next United States Senator from Florida.”

The “full support” of the NRSC, huh? Well how’s that working out for you, Charlie?

And then there’s Trey Grayson the Republican establishment pick to succeed Kentucky’s crazy Jim Bunning in the U.S. Senate. The NRSC hasn’t officially endorsed in the race, but according to Roll Call, last summer’s $500 per person fundraiser hosted by 23 GOP Senators at NRSC headquarters left little question as to Cornyn’s backing:

“The NRSC has not officially endorsed Grayson but the location of the event and the fact that NRSC Chairman John Cornyn (Texas) is one of the hosts of the fundraiser is a good indication of where the committee’s loyalties lie in the race.”

Since then, ophthalmologist Rand Paul has harnessed his father Ron’s celebrity (and grassroots fundraising infrastructure) to surge into the lead, trouncing Grayson 42% to 27% in recent public opinion polls.

Yeah sure, I suppose it’s unfair to judge Cornyn’s recruitment savvy simply on the basis of Crist’s and Grayson’s electoral travails, but NRSC recruited candidates in New Hampshire, Colorado, Nevada, Indiana and California are all struggling to win their primaries, while in Connecticut, hand-picked Cornyn candidate Rob Simmons isn’t doing too well either:

One of the clearest signs of Simmons’s intentions was his recent trip to Washington to see Sen. John Cornyn of Texas, the aggressive leader of the National Republican Senatorial Committee – which is charged with electing Republicans to the Senate. Simmons says that Cornyn approached him about the race, not the other way around.

“He expressed interest in me as a candidate, and I told him I would give it very serious consideration, which I am doing,” Simmons said. “He reached out to me.”

Sound familiar, Dino? Well, after succumbing to Cornyn’s flattery, Simmons now finds himself dramatically outspent, and trailing fellow Republican Linda McMahon by ten points.

Of course, I’m not suggesting that should he enter the race Rossi would have much of a problem getting through our state’s top-two primary, just that NRSC promises of money and support are only that. Meanwhile, Cornyn has displayed an eye for picking busts unmatched since the Seattle Seahawks wasted a first round draft pick and $11 million on The Boz.

So yeah, no doubt it’s flattering to be recruited by Cornyn, but don’t expect his endorsement or his fundraising to do much more for you than they’ve done for Crist and Grayson.

It’s been making the rounds, but hell, I might as well link to this post too…

Imagine that hundreds of black protesters were to descend upon Washington DC and Northern Virginia, just a few miles from the Capitol and White House, armed with AK-47s, assorted handguns, and ammunition. And imagine that some of these protesters – the black protesters – spoke of the need for political revolution, and possibly even armed conflict in the event that laws they didn’t like were enforced by the government? Would these protesters — these black protesters with guns — be seen as brave defenders of the Second Amendment, or would they be viewed by most whites as a danger to the republic? What if they were Arab-Americans? Because, after all, that’s what happened recently when white gun enthusiasts descended upon the nation’s capital, arms in hand, and verbally announced their readiness to make war on the country’s political leaders if the need arose.

Imagine that white members of Congress, while walking to work, were surrounded by thousands of angry black people, one of whom proceeded to spit on one of those congressmen for not voting the way the black demonstrators desired. Would the protesters be seen as merely patriotic Americans voicing their opinions, or as an angry, potentially violent, and even insurrectionary mob? After all, this is what white Tea Party protesters did recently in Washington.

Imagine that a rap artist were to say, in reference to a white president: “He’s a piece of shit and I told him to suck on my machine gun.” Because that’s what rocker Ted Nugent said recently about President Obama.

Actually, I have imagined it, and have often mused about the political theater of say, putting together a group of largish, black men very publicly exercising their right to open carry, or perhaps filling the back of a pickup with rifle-toting Mexican-Americans to slowly drive by a teabagger rally.

But of course, that would be wrong. That would be provocative.