Analysis and Commentary on Politics

Brinksmanship or Statesmanship: The Looming Fight at the Edge of the “Fiscal Cliff”

Justia columnist and Cornell law professor Michael Dorf comments on the fiscal cliff—the combination of higher taxes and across-the-board spending cuts that America faces if Congress and President Obama fail to reach agreement in the next few months. Dorf explains exactly what the cliff is, how we came to its edge, and why there is no guarantee that our elected leaders will avoid taking us over the cliff. In so doing, Dorf addresses both aspects of the cliff—higher taxes and spending cuts—and the deadlines that pertain to each. Dorf also addresses the question whether compromise is possible on these issues, and explains why the outcome, if there is no compromise, may have stark consequences, as everyone involved knows—and yet still might occur.

What Do We Really Owe to Future Generations? The Devastation of Hurricane Sandy Exposes the Fallacy of Focusing on the Federal Government’s Deficit and Debt

Justia columnist, George Washington law professor, and economist Neil Buchanan connects the election, Hurricane Sandy, and the well-being of our children and the children of future generations of Americans. Analyzing a Romney/Ryan ad that had expressed worry about “saddling our children with debt,” Buchanan warns that what might be truly worrisome would be, conversely, to fail to spend money in ways that will improve the lives of future generations, with infrastructure high on the list. Buchanan cites Hurricane Sandy as an example, arguing that if floodgates are indeed necessary to protect New York City, then even if taking on debt would be necessary, the floodgates should be built. Buchanan also generalizes his point to apply to other infrastructure and other inter-generational government programs.

Does the Republican Party Want to Win? If So, Some Suggestions

Justia columnist and Cardozo law professor Marci Hamilton comments on Mitt Romney’s election loss and on the future of the Republican Party. Hamilton ascribes the loss, among other factors, to Republican candidates’ widely criticized comments on rape and abortion, which many found deeply offensive. She also points to other factors such as (1) Republicans like Paul Ryan’s extreme views, such as the refusal to have the government fund any part of Planned Parenthood’s activities; and (2) the Party’s lack of a laserbeam focus on key issues like jobs and the state of the economy. The result was that women disproportionally voted for President Obama, Hamilton concludes. Hamilton also raises interesting questions about whether—and how—the Republican Party can reshape itself as a viable party, now and in the demographically diverse future—a party that could, in coming years, attract women and people of color in larger numbers.

Governance by a Party With a Leadership That Has Been Taken Over by Sociopaths: The Fourth and Final Column Analyzing What Mitt Romney Would Do As President

Justia columnist, George Washington law professor, and economist Neil Buchanan argues that the GOP leadership’s current stances are—as Nicholas Kristof also characterized them recently in The New York Times—sociopathic. Buchanan cites examples including the position that illegal aliens should be made so miserable that they will “self-deport,” even though their children too will suffer; and the position that aid to America’s poor should be sharply curtailed, even though that, too, would harm innocent children, with even children’s nutrition programs on the list to be cut. Buchanan takes issue, too, with proposed Romney/Ryan programs that would, he argues, only intensify social inequality, including ones targeting healthcare for the elderly.

How Mitt Romney Forgot His Legal Thinking at the Hofstra Debate

Justia columnist and former counsel to the president John Dean notes that Mitt Romney attended both law school and business school, and contends that Romney forgot to think like a lawyer at the recent Hofstra debate. Before commenting specifically on Romney, Dean addresses the controversy about whether lawyers think differently than other people. One position is that thinking like a lawyer is simply thinking clearly and critically; the other position is that thinking like a lawyer is a unique skill that only those who have learned that skill in law school possess, in part because lawyers are taught to follow past precedent, even if they think it is wrongly decided—which is not the case in other professions. Dean notes that lawyers must also meet the requirements of the bar, and follow the jurisdiction’s Rules of Professional Conduct. While Romney is an attorney, Dean argues, he is much more of a businessman, and Dean notes that GOP businessmen have, over history, fared poorly in the Oval Office, and cites both Herbert Hoover and George W. Bush as examples.

Binders for Women, Blinders for Romney

Justia columnist and Hofstra law professor Joanna Grossman comments on the second presidential debate, and especially on Mitt Romney’s now-famous comment about “binders full of women,” which has now become an Internet meme. Grossman argues that the comment reveals Romney’s dated and uninformed view of women in the workplace. She also notes that Romney, while avoiding the question about pay inequity that led to the “binders” comment, revealed that he believes that the only workers who need flexible schedules are women, apparently due to the assumptions that all women have children, and that only women perform child care.

Would I Lie to You? In the Debate and Elsewhere, Romney and Ryan Exploit the Manipulative Tactics of Car Salesmen (With Apologies to Car Salesmen)

Justia columnist, George Washington law professor, and economist Neil Buchanan comments on why President Obama was widely perceived as losing the first presidential debate. Buchanan, who himself has a long history as a debater and debate coach, contends that one important problem for Obama was that Romney frequently said things that were outright false, and yet, Obama could not call him a liar, for that would run afoul of Americans’ tendency to believe what other say, and their aversion to call a person on falsehoods, because it seems so rude to do so. Buchanan thus contends that Romney’s debate tactics preyed on Americans’ deep-seated tendency to believe the best of others—and argues that Ryan uses similar argumentative strategies as well. In the first debate, Buchanan notes, Obama opted not to say “You’re lying, Governor,” as some commentators thought he should have, in retrospect. That raises an interesting question: Will he do so in the next Presidential debate?

The First 2012 Presidential Debate: How the Incumbent Got Trapped

Justia columnist and former counsel to the president John Dean argues that Mitt Romney’s win in the first presidential debate will prove to be a Pyrrhic victory, which will also help the Democrats. Dean discusses presidential debates from their very beginning, with Kennedy versus Nixon in 1960, up to the present. In commenting on the first Obama/Romney debate, Dean describes the “incumbent’s trap,” which he defines as the ability of the challenger to force the incumbent to defend his record—for even a strong record can be criticized, and as Americans, we can be unrealistic about what we expect our presidents to accomplish while in office. Meanwhile, the challenger can promise voters the moon. Numerous incumbents, Dean notes, have fallen into this very trap, though in Clinton/Dole, Clinton managed to avoid it by dominating the debate. Dean then analyzes the Obama/Romney debate—arguing that it needed much more moderation and fewer open-ended topics. Ultimately, though, Dean contends that Obama’s loss there will have a silver lining: Post-debate, the Obama team can now correct the many instances where Romney stretched or outright ignored the truth, and Democratic voters will be reminded that an Obama win is far from a foregone conclusion.

The Rich, the Poor, and Changes Over Time: How Mitt Romney’s Condemnation of People Who Pay No Federal Income Taxes Conflicts With a Republican Talking Point About Income Mobility

Justia columnist, George Washington law professor, and economist Neil Buchanan debunks Republican presidential candidate Mitt Romney’s claim that 47 percent of Americans don’t pay taxes. First, Buchanan points out that virtually all Americans pay taxes every year, if one counts payroll taxes, excise taxes, indirect taxes, state and local taxes, corporate taxes that are passed on to workers in the form of lower wages, and more. Second, Buchanan notes that, over a lifetime, a person may, for very good reasons, have non-taxpaying years—for instance, when he or she is a student—mixed with taxpaying years, suggesting that Romney is wrong that non-taxpaying is always a part of a culture of victimhood. Buchanan also contends that it is a contradiction for Republicans to look at income mobility in America over time, and yet to look at only an annual snapshot when it comes to income taxes.

It’s Even Worse Than It Looks: The Sources of Washington’s Current Problems

Justia columnist and former counsel to the president John Dean comments on the current, unfortunate state of American government—paralyzed by inaction, even in the midst of a troubled economy. In his analysis of the situation, Dean draws upon Thomas Mann and Norm Ornstein’s work It’s Even Worse Than It Looks: How the American Constitutional System Collided with the New Politics of Extremism. Dean deems the book to be a very important one to read, especially for Republicans, for part of the current problem, according to Dean, and to Mann and Ornstein, is the intransigence and the growing extremism of the Republican Party. Another part of the problem, they argue, is the sorry state of contemporary American journalism. Dean distills some of Mann and Ornstein’s suggestions for addressing the problems that they isolate—and notes that just five changes in the way American journalism is done now could make a profound difference.

What Would Happen to Young People If We Cut Their Parents’ and Grandparents’ Government Benefits? The Third in a Series of Columns Analyzing What Mitt Romney Would Do As President

Justia columnist, George Washington law professor, and economist Neil Buchanan comments on the Romney/Ryan proposal to cut seniors’ benefits. (Although the Republicans are now backpedalling on the proposal, Buchanan points out that such cuts must be the very essence of their strategy, for they refuse to raise taxes, including taxes on the rich.) Buchanan contends that such cuts will harm not just the elderly, but also their children and grandchildren, because the harm to one generation will inevitably harm the others that follow. With younger people being forced to heavily subsidize and support their parents and grandparents, due to the cuts, Buchanan predicts that more families will then need to worry about their finances. Moreover, Buchanan adds, the brunt will fall not only on elders’ families, but also on our regional and national economies as well.

The Republicans’ Shameless War on Voting

Justia columnist and former counsel to the president John Dean comments on current and past efforts by the Republican Party to suppress non-white Americans from voting in Southern states. Dean reports that these kinds of efforts have been escalating since 2010, and that they now encompass some Northern states as well. Dean covers specific, highly credible reports of such tactics being used; notes how voting laws can play into that underhanded effort; charges some Republican judges with being unwilling to enforce the amended Voting Rights Act of 1965 (VRA); and explains why these dirty tactics are a stain on the history of the Republican Party. Dean also notes his own role, in the Nixon Administration, in conveying Nixon’s decision not to veto a VRA extension that gave 18-year-olds the vote, and explains how that decision ultimately led, indirectly, to 18-year-olds getting the vote. Dean also notes that Mitt Romney could never make the same decision to let 18-year-olds vote today, as so many young people are Democrats or Independents. Finally, Dean cites a number of reasons for which we should all be thankful for the VRA.

The 2012 Democratic Party Platform: Religion, Women, and Children

Justia columnist and Cardozo law professor Marci Hamilton continues her two-part series on the Republican and Democratic Party Platforms. In this column, she comments on the Democratic Party Platform, focusing—as she did with the Republican Party Platform—upon issues relating to religion, women, and children. More specifically, Hamilton discusses issues such as the government's relationship with faith-based organizations; same-sex marriage; contraception and abortion rights; foreign family-planning aid; and human trafficking. Hamilton also decries a key omission from the Democratic Party Platform: It fails to address the important issue of child sex abuse, except insofar as it mentions trafficking.

The 2012 Republican Party Platform: Religion, Women, and Children

Justia columnist and Cardozo law professor Marci Hamilton begins her two-part series on the two major-party platforms by focusing, first, on the Republican Party Platform. (Her follow-up column on the Democratic Party Platform will appear here on Justia’s Verdict shortly.) Hamilton focuses especially on the following aspects of the Republican Party Platform: the Party’s attempt to paint gay activists—and not their foes—as the real haters; the Party’s extreme views on religion, including areas where the Party would allow one person to impose his or her religious views on another, when it comes to medical care; its embrace of having federal money go to religious organizations, but without their having to follow federal rules; its narrow view of women’s and children’s rights; and finally, its seeking rights for the unborn. Hamilton argues that, overall, women should not only oppose, but actually fear, this Platform.

The Unserious Mr. Ryan and the Idea-Free Mr. Gingrich: Understanding the Beltway’s Confusion of Mere Ideology With Actual Ideas

Justia columnist, George Washington law professor, and economist Neil Buchanan takes strong issue with Republican Vice-Presidential candidate Paul Ryan’s reputation for being a “serious thinker.” Like Newt Gingrich before him, Buchanan contends, Ryan is being falsely sold to the public as an “idea guy,” when, in truth, he says, Ryan is simply repeating conservative cant. Ryan’s undeserved reputation, Buchanan argues, derives in part from moderates and liberals in the D.C. commentariat who are playing along with the Ryan myth, and in part from the reality that only conservatives play what Buchanan calls “the ideology game.” Buchanan predicts, accordingly, that Ryan—like Gingrich before him—will eventually prove to disappoint even those who once showered him with praise.

Republican Vice Presidential Pick Paul Ryan, Limited Government, and Ryan’s Big Picture When It Comes to Policy

Justia columnist and Cardozo law professor Marci Hamilton comments on Romney running mate Paul Ryan—focusing on Ryan’s influences, such as Ayn Rand and the Catholic Church, and on his views, some of which, she suggests, parallel those of Ronald Reagan. She notes, though, that despite these influences, Ryan is also more than capable of thinking for himself—as he’s been involved in disagreements with the Church, as well. Hamilton praises Ryan’s small-government, balanced-budget views, and compliments him for being smart and well-read, but she also suggests that he is foolish to make his own religious beliefs part of the Romney/Ryan campaign, in light of America’s striking religious diversity.

The Double Etch-a-Sketch Ticket: The Romney Campaign Tries to Erase Paul Ryan’s Dishonest and Troubling Track Record

Justia columnist, George Washington law professor, and economist Neil Buchanan comments on VP candidate Paul Ryan’s record. Buchanan argues that, while Ryan is being presented as a numbers maven, in fact Ryan is merely an ideologue with no experience in economics or in budgeting. Buchanan also argues that Romney would have been far wiser to opt for a running mate without so many positions that Romney now must repudiate. Buchanan charges that Ryan, rather than “running the numbers” simply makes them up—as, for example, Ezra Klein’s recent analysis, regarding Ryan’s long-term budget projections, shows. Buchanan also charges that Ryan uses mere assumptions—and unrealistic ones—when facts are needed, as with Ryan’s tax plan. Disagreeing even with Romney’s own economic advisers, Ryan, Buchanan notes, offers ideas and plans that any competent economist would reject. Although the media loves a debate, Buchanan urges them to admit that in this instance, only one side is on track, whereas Ryan is grievously off-base.

Paul Ryan and Human Rights

Justia columnist and Hunter College Human Rights Program Director Joanne Mariner comments on presumed Republican vice-presidential candidate Paul Ryan’s positions on human rights issues. Reminding readers that even a VP may have great influence on human rights issue, as Dick Cheney certainly did with regard to issues relating to torture, Mariner notes that if Mitt Romney is elected president, Ryan, too, may have considerable sway in this area. Mariner notes first that Ryan sees rights as natural and God-given, and then goes on to note that Ryan is extremely pro-life, even if the pregnant woman’s life is in danger, and extremely anti-gay-rights. Mariner notes that when it comes to foreign policy, Ryan seems more open to certain compromises, and she is troubled, especially, by Ryan’s reportedly enlisting the advice of Elliot Abrams, whose views on human rights issues are, Mariner notes, very disturbing.

Gaming American Democracy: How Republicans Are Now Determined to Buy Political Power

Justia columnist and former counsel to the president John Dean comments on the baleful influence of the Supreme Court’s decision in Citizens United, which permitted corporations to exert power over elections through corporate campaign contributions. Dean describes the profound differences that Citizens United has already made in our political system, and suggests ways in which covert corporate spending can be policed, even despite Citizens United. His suggestions include aggressive state-level prosecutions, including under bribery statutes.

Meet our Columnists

Vikram David Amar
Vikram David Amar

Vikram David Amar is the Dean and Iwan Foundation Professor of Law at the University of Illinois Co... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan is an economist and legal scholar and a Professor of Law at The George Washington U... more

Sherry F. Colb
Sherry F. Colb

Sherry F. Colb is Professor of Law and Charles Evans Hughes Scholar at Cornell University. Colb tea... more

John Dean
John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973. Befo... more

Michael C. Dorf
Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He has w... more

Joanna L. Grossman
Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School of L... more

Marci A. Hamilton
Marci A. Hamilton

MARCI A. HAMILTON is the Robert A. Fox Leadership Program Professor of Practice, and Fox Family Pavi... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Law and Government at Cornell University. He was Counsel of Record... more

Anita Ramasastry
Anita Ramasastry

Anita Ramasastry is the UW Law Foundation Professor of Law at the University of Washington School of... more

Ronald D. Rotunda
Ronald D. Rotunda

Ronald D. Rotunda is the Doy & Dee Henley Chair and Distinguished Professor of Jurisprudence... more

Lesley Wexler
Lesley Wexler

Lesley Wexler is a Professor of Law at the University of Illinois College of Law. Immediately prior... more