Michael Maiello's picture

    Joe Nocera Borks Himself

    In the Times today, Joe Nocera (who I am loving as a left of center columnist who knows business) really whiffs it when he claims that Robert Bork deserves to have be on the Supreme Court today.  He doesn't say it that way.  What he says is that the Democratic opposition to Bork's nomination, back in 1987, was the start of all the partisan division we're experiencing today.  In short, he claims the Democrats were unfair to Bork, and that Republicans decided to retaliate afterwards.

    Robert Bork was, and is, a political extremist.  The very stances he took that Nocera says are not extreme, very much are extreme: he's anti-choice, doesn't think the first amendment protects pornographic expression, and would have used the bench to walk back affirmative action.  How could Democrats not oppose him?  Nocera recognizes that they had to, and he bickers with the way they went about it which was, in his description hyperbolic.  But I highly doubt that the nomination of Robert Bork was the first bit of hyperbole in American politics.

    Let's put things in perspective... Democrats in the late 80s turned down one supreme court nominee.  A decade later, Republicans spent a solid eight years trying to have a twice elected Democrat thrown out of office and maybe into jail.

    So, am I to believe that all of the odious moments of the Clinton years, which included accusations of murder and international drug smuggling (the true prelude to the contemporary "you're a Socialist Kenyan") was all about Robert Bork?

    No, something else happened, far more important than Bork.  There were the Iran-Contra hearings, for one, which didn't damage Reagan so badly that Bush couldn't get elected, but which involved a lot of hardball and certainly tarnished Reagan's legacy.  Then, and this is huge, but not often brought up, there was the massive Savings and Loan debacle, which led to the recession that is, in the postwar era, the most like the one we've just been through.  This was the era of the first "jobless recovery," where a popular president who was well respected for his skills in foreign policy, lost the faith of a lot of people when they realized he didn't know how a grocery store barcode scanner worked.

    I think that it was the defeat of Bush and the end of the Reagan dynasty, that really, really riled the right.  Sure, they brought up Bork as a grievance, but the real point of anger was Clinton.  Their first big claim against Clinton was that Ross Perot's entry into the race siphoned support from Bush and allowed Clinton to win the Electoral College while only winning a plurality of the popular vote.  In short, they claimed that his presidency was illegitimate, earned by a fluke and technicality, and they set out to destroy him.

    This is a lot like claiming that Barack Obama, after winning the White House in an Electoral and popular landslide, would need to come up with a birth certificate to prove that he ever should have been in the race in the first place.  It is at odds with the Democrats reaction to George W. Bush losing the popular vote and the plurality and only winning the Electoral College because the Supreme Court said he did.  Democrats were angry, but Bush was not treated by his opponents as an illegitimate president the way Clinton and Obama were.

    Republicans got angry in the wake of huge losses in the early 1990s.  Newt Gingrich rose up as their hero and overreached when he tried to impeach Bill Clinton.  But the impeachment attempt is everything you need to know about what's happened since Obama took office.

    It's no great wrong that Robert Bork isn't a high justice and I rather doubt that most contemporary Tea Partiers know much about the guy, or care much (though they might know the name enough to say otherwise).  It's the White House that's really at issue.  Between 1980 and 1992, the Republicans developed a sense of White House entitlement.  This was reaffirmed between 2000 and 2008.  And how did they behave between 1992 and 2000, or between 2008 and 2011?  The exact same way -- by questioning the legitimacy of the President.

     

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    Comments

    Haven't read the Nocera article but did notice in UPI's Almanac This Day in History that today was the anniversary of the Senate's rejection of Bork.  I briefly wondered how something like that ends up on the list.  Was it the first time a nominee was rejected?  No.  I looked. I thought what an interesting way to keep a controversy going. 

    Bork should have been accepted.  That he wasn't was less about his judiciary views and everything to do with his associations, particulary Nixon.    Watergate and Nixon's resignation was really when the partisan divide deepened.  I have often thought that the Republican Nixon faction are driven by it and will not stop the rancor until they have taken down a Democratic president.  It is the Orthogonian Nixonian thing to do, i.e., don't get mad, get even.

    So many on the left and in the media are so proud of themselves for taking down President Nixon.  For the rest of us, it was a very ugly thing.  Something we have yet to recover from.  Maybe we never will.   And certainly not if we get an annual reminder of divisive events.

     


    I think you sort of have to separate the "president" thing and the "judge" thing, even they overlap in people's minds.

    The judge thing, I think, really began with Roe v Wade. That's when people on both sides saw that how SC judges vote counts in their lives and when they started caring more about results rather than process and qualifications.

    (It's possible it began with Brown, but movement conservatism hadn't gotten off the ground in the 1950s. And it was hard to mount a broadly defensible defense of Jim Crow, one that appealed to large numbers of Americans outside the South).

    So Bork, an otherwise qualified judge, was opposed largely on the basis of his views on abortion. The right saw that as unfair and counter to the intent of "advise and consent" which "should" only have taken into consideration a person's qualifications, not how he was likely to vote.

    While liberals make it pretty clear that they support or oppose judges based on results, it's less clear (to me) that conservatives do. In fact, I think they do--how else to explain the fact that their nominees are expected to vote in certain ways once on the bench?

    But they've managed to "elaborate" their views with things like "original intent" to make their opposition or support for a nominee SEEM principled. If it really were principled, then one would expect to see some conservative nominees express support for a decent number of liberal decisions like Roe.

    But I'm less clear that opposition to "liberal" judges is a reaction to Nixon's impeachment. Maybe you're right. I tend to think that, at a certain point, maybe in the early 1980s, conservatives saw that they'd have to take their fight to the judiciary if they were going to see conservative policies and laws prevail.

    I wonder if you're saying the impeachment of Nixon was ugly...or what Nixon chose to do was ugly. Perhaps you're suggesting that Nixon's opponents were happy to have been given reasons to take down Nixon that had little to do with Nixon's impeachable offenses. I don't know; maybe. It's not to feel some satisfaction in the revelation that one's opponents really are crooks and get their comeuppance. But would the US be better off today if none of it--especially the wrongdoing--had ever happened? Yes.


    EmmaZahn: Watergate and Nixon's resignation was really when the partisan divide deepened.  I have often thought that the Republican Nixon faction are driven by it

    What 'Republican Nixon faction'?

    The right tossed Nixon out, they hated his liberal policies, EPA, China etc. They could have saved him in the Senate but refused to. See this pre-Watergate Time article, August, 1971:

    Disowning Richard Nixon, his right-wing former supporters carefully point out, is a decision reluctantly reached.........

    Welfare reform, cutbacks in defense spending, advocacy of deficit spending and Keynesian economics were difficult enough for Nixon's conservative supporters to tolerate, but for many, rapprochement with Communist China was the final straw. In recent weeks, right-wing spokesmen have announced a formal split with the President:

     
    Destor is spot on in his analysis.


    True. But I think it was more the moment when we saw movement conservatism begin its long-prepared-for ascendancy.

    Nixon was sort of the last gasp of Eisenhower Republicanism...

    Your timing is right, IMO, but Nixon was flaming out with conservatives. These two just rode the next wave based on their knowledge of the levers and the people pulling them. Reagan was going to take them places Nixon couldn't.


    Definitely disagree about Nixon being the last gasp of Eisenhower Republicans.  That would be Reagan; that is unless we accept Bill Clinton's assessment::

    "I hope you're all aware we're all Eisenhower Republicans.  We're Eisenhower Republicans here, and  we are fighting the Reagan Republicans.  We stand for lower deficits and free trade and the bond market.  Isn't that great?"

    Which pretty much defines Obama as an Eisenhower Republican.  So much for last gasps.

    By the way, what I meant by Nixonian was not necessarily Republicans who shared his policies so much as his temperament and personality traits.  Maybe I should have let Orthogonian stand.  In my mind, that is the best description of what I meant.  People who can nurse a grudge over the slightest of slights forever or until they can find a way get even.


    Not sure this matters, but it's fun, so...

    It was the last gasp of Eisenhower Republicans within the Republican Party.

    Reaganism is further to the right than Nixonism, and Teabaggerism may be further to the right than Reaganism (not sure).

    So after Carter (and he won because of Nixon's mistakes, IMO), the Democrats just lost and lost and felt the traditional Democratic brand had been permanently damaged. So they moved rightward to grab some of the Republican fire (lucre). This is what Clinton meant in your quote, IMO.

    In my book, Obama has very hard to pin down.


    Not even close.

    Bork from Ork.

    Still a bastard.

    The repubs would just stall everything, almost all of government until they get their way.

    Unless there is some sort of sweep in 2012; we aint a goin nowheres.


    What I have noticed over the last 40 years of voting was the rise of southern influence in controling political discourse. I think you have to go all the way back to civil rights and the defeat of apartheid in the deep south. They were willing to embrace an idiology that could be used to hit back at government. To them government was the problem. It started as a backlash against feminism, civil rights and drug use. Regan only harnessed it to get elected and corporations took advantage of it. All the clashes over issues just seemed to build more animosity as we moved through elections. Throw in religious dominionism and we have a political party that thinks they are the only ones who has the right to govern. They will use what ever they can to achieve their goal in taking government apart. My personal opinion is the whole movement has begun to unravel.

    I thought that Republican Senator Arlen Spector played a major role in defeating judge Bork. Bork retaliated by favoring Conservative Pat Toomey over Arlen Spector in a close race for the Senate seat from Pennsylvania..


     

    That's right, rmrd. Here's Brad DeLong on the matter:

    Six Republican Senators--John Chafee (R-RI), Bob Packwood (R-OR), Arlen Specter (then R-PA), Robert Stafford (R-VT), John Warner (R-VA) and Lowell P. Weicker, Jr.--thought that Bork's views were extreme enough that they broke party discipline and crossed their President to vote against Bork. Note that Bork wasn't filibustered: he was defeated. He only got 42 votes, with 58 Senators opposed. He only got 5 out of the 14 votes of the Judiciary Committee, losing all the Democrats--even the southern Democrats--as well as Republican Senator Specter.

    Had nothing to do with Senatorial tricks, southern strategies, Nixon's impeachment, whatever, and a great deal to do with Bork's articulation of preferences, beliefs and interpretations that a large majority of senators from across the aisles and across the country thought to be too extreme, along with his firing of Archibald Cox. 
     
    Not to mention a decidedly injudicious demeanor. Of course, he would just fade into the background on today's court.

    This is interesting. He wasn't filibustered. I didn't know/remember that. That does change the equation to my mind. He got an up or down vote and lost. But boy those Senators and their ilk are extinct dinosaurs.


    It is truly sad when the blogosphere has a better grasp of events then a person paid by the NYT to be accurate. The Bork lie has been told so often that it has become a part of urban mythology.


    The Federalist Society was founded in 1982; Bork's nomination was in 1987. So the right already saw the bench as an important front in the fight to have right wing principles pervail in America.

    I think that it was the defeat of Bush and the end of the Reagan dynasty, that really, really riled the right.

    I remember being startled when my mother, whose middle name was "equipose," putting forward the theory that the Republicans were planning some kind of coup rather than let the Reagan Revolution die in 1992.


    Your mother was not alone on that assessment. There were others that thought along those lines. My mother used to call the Speaker of the House after '94 the Grinch that stole Washington. She didn't live long enough to see him resign. She would of loved that.

    Some would suggest it was the Presidencies of JFK and LBJ and the peace & freedom movements of the 1960s that really, really riled the right. Maybe.

    A fellow named Goldwater ran for President in the 60s and lost, and his anti-New Deal, Red-baiting, Hippy-hating followers quickly formed up behind Saint Ronald Reagan and eventually put him in the White House. But that isn't what started it.

    It wasn't any one or two things Democrats did that drove Republicans crazy. It was just the notion that workers in America should vote and have the same rights as the privileged, that's the idea that gets in their craw and keeps their bile rising.

    They won't change. Don't even think it's about an eye for an eye, that if, as Emma proposes, they could ever take down a Democratic president that would satisfy them. Not a bit. 

    What you see, with Republicans, is what you get.

    Unfortunately, though sometimes you don't see it with Democrats, too often these days you get the same thing.


    From Steve Freeman, in response to tmac above:

    I’ve answered this peer review question and most other common, sneering questions in a Frequently Asked Questions page. Perhaps someday I give a much more thorough explanation, but this will have to do for now.

    Who is this sneering regular? Nothing she says has any remote relevance to the facts of my work. The first seven of my book’s eight chapters, as well as the prologue, offer virtually no opinion or commentary whatsoever. The chapters unearth, relate and analyze the facts of the ’04 election, the exit polls and other polling, election and demographic data and of US election protocols in general. NEP made public more than enough data – a mistake they’ve since resolved to avoid repeating – to conclusively disprove their ad hoc assumption that Kerry voters participated in higher proportion than Bush voters. The data also provide extensive circumstantial evidence of fraud. One of many examples: the disparity was zero in precincts where the vote was counted manually compared with an average of seven percentage points nationwide. The book contains many other equally damning findings – facts, not opinions.

    Moreover, all these analyses are triangulated with other polling, election and demographic data. And, where investigated, have been supported by hard evidence of altered ballots, etc…

    I’m not tenured. This research has taken me off any tenure track. Alas, I must each day earn my daily grub, not one cent of which is related to this work. Every cent of institutional support for US elections is to justify and legitimize the extant charade, in part by attacking any critics. This institutional support structure is the basic reason why it would be unimaginable that work such as mine would be published in a traditional peer review Political Science journal. This institutional support structure also is behind many if not most of the sneering voices on these sites and listservs.

    For the record, I don't happen to suspect that there is institutional support behind your comments, tmac, based on what I have observed to date.  As a comment on style, you seem to enjoy throwing sharp elbows from time to time and this strikes me as just another example of such.  I don't take Occam's Razor as always the best guide to the small "t" truth but I go with it in this case.  

    This hardly demonstrates that Steve is right but it's often been the case that those arguing minority, and threatening, views who have apparently turned out to be correct were initially scorned and sneered at, and worse.  As, surely, you know.  You don't strike me as one who can only have her history wrapped up nice and neat in a box.  But maybe I'm wrong about that. 

    As I wrote, I had hoped that Steve had both inclination and time to come here and directly engage you or others on these issues. 


    Although I don't disagree with the facts of what Steve wrote, his tone (in referring to TMac as "this sneering regular") seems unhelpful. I think getting rid of the first two sentences in his second paragraph and the last sentence in his last paragraph would've made his point stronger.


    Fair point--I'll own that one, as I characterized the tmac comment I forwarded to Steve as sneering in tone.  Which, frankly, I thought it was.  I tend to be sympathetic to Steve on this as he has surely been the recipient of all kinds of wretched treatment--far worse than anything tmac wrote--for doing what he does.  Even though his book dished out none of that, that I can recall.   In any case, my "edit" option for the comment you referred to has vanished, precluding me from following your appreciated suggestion.   


    Yeah, once someone replies to a comment you can no longer edit it (which makes sense). What's really weird is that if you're editing a comment and someone replies before you press save, you get this really weird error (I can't recall what that error is right now, but it suggests you need to log in or something).


     I have been doing election analysis since 2004 .  I was the first analysts to use Monte Carlo Simulation to calculate the probability of winning the Electoral vote using the latest state polls. I have also developed the True vote Model which is an post-election  forensic tool. The models are available on the web for anyone to use.

    I wrote  Proving Election Fraud: Phantom Voters, Uncounted Votes and the National Exit Poll

    My website is http://richardcharnin.com/ .

    It links to my blog,  my book, all of my analytical posts and those of others - including Steve Freedman.  His book is a wonderful read. I am a member of his Election Integrity Group. Steve is very familiar with my work.

    I suggest that readers google 'richard charnin' and 'True Vote Model".

    Let me stress these facts:

    1- In the 1988-2008 presidential elections, the Democrats wonthe unadjusted exit polls by 52-42%, but the margin was reduced by election fraud to 48-46%.

    2- In the six elections there were 300 state exit polls, of which 137 exceeded the margin of error which included a 30% cluster effect.

    Probability: ABSOLUTE ZERO.

    3- Of the 137 exit polls, 132 red-shifted to the Republican in the vote.

    Probability: ZERO.

     

    This is from my website:

     

    Election forecasters, academics, political scientists and main stream media pundits never discuss or analyze the statistical evidence that proves election fraud is systemic - beyond a reasonable doubt. This site contains a compilation of presidential, congressional and senate election analyses based on pre-election polls,unadjusted exit polls  and associated True Vote Models.  Those who never discuss or analyze Election Fraud should focus on the factual statistical data and run the models. If anyone wants to refute the analytical evidence, they are encouraged to do so in a response. Election forecasters, academics and political scientists are welcome to peer review the content.

    The bedrock of the evidence derives from this undisputed fact: Final national and state exit polls are always forced to match the recorded vote – even if doing so requires an impossible turnout of prior election voters and implausible vote shares. All demographic categories are adjusted to conform to the recorded vote. To use these forced final exit polls as the basis for election research is unscientific and irresponsible. The research is based on the bogus premise that the recorded vote is sacrosanct and represents how people actually voted.

    Nothing can be further from the truth.

    It is often stated that exit polls were very accurate in elections prior to 2004, but have deviated sharply from the vote since. The statement is a misconception; it is based on a comparison of FINAL exit polls in elections prior to 2004 and PRELIMINARY exit polls since. It's apples and oranges. But FINAL exit polls published in the media have always been FORCED to match the RECORDED vote. That's why they APPEAR to have been accurate.

    The RECORDED vote has deviated sharply from the TRUE VOTE in EVERY election since 1968. Yes, it is true: UNADJUSTED exit polls have ALWAYS been accurate. They closely matched the True Vote in 2000, 2004, 2006, 2008 and 2010. FINAL exit polls have exactly matched the fraudulent RECORDED vote because they have been forced to do so.

    It is a documented fact that millions of votes are uncounted in every election. The Census Bureau indicates that since 1968, approximately 80 million more votes were cast than recorded. And these are just the uncounted votes. What about the votes switched on unverifiable voting machines and central tabulators? But vote miscounts are only part of the story. The True Vote analysis does not include the millions of potential voters who were illegally disenfranchised and never got to vote.

    My book, Proving Election Fraud: Phantom Voters, Uncounted Votes, and the National Exit Poll, is a detailed analysis which proves that the recorded vote is always different from the True Vote. Unlike the misinformation spread in the media, voting machine “glitches” are not due to machine failures. It’s the fault of the humans who program them.

    In the 1968-2008 Presidential elections, the Republicans won the recorded vote by a 49-45% margin. The Recursive National True Vote Model  indicates that the Democrats actually won by 49-45%.

    In the 1988-2008 elections, the Democrats won the average of the unadjusted state exit polls 51.8-41.6%. But they won the recorded vote by just 48-46%. That’s an 8% margin discrepancy. The state exit poll margin of error was exceeded in 137 of 300 elections. The probability of that occurrence is ZERO. Of the 137 that exceeded theMoE,  132 red-shifted to the Republican. The probability is ZERO. The proof is in the 1988-2008 Unadjusted State Exit Polls Statistical Reference.

     

     

     


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