Tag: conservatives

Estrada and Taylor on Kagan

Kagan gets an endorsement from superstar conservative appellate litigator and Bush II appellate nominee (also my old boss) Miguel Estrada here (see last paragraph).

Plus, Stuart Taylor says Kagan’s nomination could mean a more conservative Court:

Commentators on the left … complain that Kagan never compiled much of a record of aggressively championing liberal causes during her years as a law professor. Some say she was too friendly as dean of Harvard Law School to conservatives and did not recruit as many women and minorities for the faculty as diversitycrats desired.

Speaking as a moderate independent, I like everything about Kagan that the left dislikes. To borrow from my friend Harvey Silverglate, a leading Boston lawyer who champions both civil liberties and an old-fashioned liberal’s brand of political incorrectness, ‘they want people who look different but think alike.’

Kagan seems to be a woman who thinks for herself.

Taylor also highlights what many libertarians will find most troubling about her record (other than strong hints of her lack of sympathy, albeit predictable for a Democratic nominee, with the litigation interests of the business community): her apparent endorsement of the Bush administration’s legal framework for detention of enemy combatants.

Kagan on Military Recruitment

Elena Kagan has been getting a lot of flak  from the right for her position on military recruitment at Harvard. While the military’s don’t ask don’t tell policy is unjust, Harvard’s position on recruitment was also misplaced—and, were the question ever presented to my faculty, I’d vote against barring the military from recruiting at my law school for the same reasons as Ilya Somin.

But, although Harvard made the wrong call on recruitment (albeit one that, in fairness, is not attributable just to Kagan, but, reportedly, to an overwhelming majority of the Harvard law faculty), Kagan’s opposition to the Solomon Amendment, which conditioned federal funding on JAG recruiters’ access to campus, has much to recommend it from a libertarian standpoint, for the reasons put forward in Cato’s amicus brief  in Rumsfeld v. FAIR, the case challenging the Solomon Amendment (which you can download here). (Disclosure: I co-wrote the brief when I was at Cato. As I recall, this was a controversial position within Cato, and I’d guess that remains true today. Cato’s current legal shop might well take a different view were the question presented to it now.)

True, the Supreme Court rejected our position 8-0. But it’s not the first time, and will be not be the last, that the Court musters eight votes for what some libertarians think is a questionable outcome.

And for the record, my view on Kagan—while she’s, as Kagan would say, “not my people,” she’s a top-notch scholar, a great Dean (who was very fair to faculty conservatives and libertarians), by all accounts an outstanding teacher, and likely to fall somewhere on the liberal continuum to the left of Breyer and to the right of Stevens.  Could be worse!

Ron Paul, the Chamber of Commerce, and Economic Freedom

Tim Carney has a blog post at the Examiner that’s worth quoting in full:

The U.S. Chamber of Commerce has issued its 2009 congressional scorecard, and once again, Rep. Ron Paul, R-Tex. — certainly one of the two most free-market politicians in Washington — gets the lowest score of any Republican.

Paul was one of a handful of GOP lawmakers not to win the Chamber’s “Spirit of Enterprise Award.” He scored only a 67%, bucking the Chamber on five votes, including:

  • Paul opposed the “Solar Technology Roadmap Act,” which boosted subsidies for unprofitable solar energy technology.
  • Paul opposed the “Travel Promotion Act,” which subsidizes the tourism industry with a new fee on international visitors.
  • Paul opposed the largest spending bill in history, Obama’s $787 billion stimulus bill.

(Rep John Duncan, R-Tenn., tied Ron Paul with 67%. John McHugh, R-N.Y., scored a 40%, but he missed most of the year because he went off to the Obama administration.)

I wrote about this phenomenon last year, when the divergence was even greater between the Chamber’s agenda and the free-market agenda:

Similarly, Texas libertarian GOPer Rep. Ron Paul—the most steadfast congressional opponent of regulation, taxation, and any sort of government intervention in business—scored lower than 90% of Democrats last year on the Chamber’s scorecard.

Sen. Jim DeMint, R-S.C., had the most conservative voting record in 2008 according to the American Conservative Union (ACU), and was a “taxpayer hero” according to the National Taxpayer’s Union (NTU), but the U.S. Chamber of Commerce says his 2008 record was less pro-business than Barack Obama, Joe Biden, and Hillary Clinton.
This year’s picture was less glaring, but it’s still more evidence that “pro-business” is not the same as “pro-freedom.” The U.S. Chamber is the former. Ron Paul, and the libertarian position, is the latter.

I suspect that on issues such as free trade agreements and immigration reform, I might be closer to the Chamber’s position than to Ron Paul’s. But to suggest that Paul is wrong to vote against business subsidies – or that DeMint was wrong to vote against Bush’s 2008 stimulus package and the $700 billion TARP bailout – certainly does illustrate how much difference there can be between “pro-business” and “pro-market.” Instead of “Spirit of Enterprise,” the Chamber should call these the “Spirit of Subsidy Awards.”

Can We Be Both Up from Slavery and on the Road to Serfdom?

At Reason.com I argue that libertarians are wrong to look back at some point in the past for a golden age of liberty, and especially wrong to write paeans to the gloriously free 19th century without mentioning the little matter of 19 percent of Americans being held in chains.

For many libertarians, “the road to serfdom” is not just the title of a great book but also the window through which they see the world. We’re losing our freedom, year after year, they think….

Has there ever been a golden age of liberty? No, and there never will be. There will always be people who want to live their lives in peace, and there will always be people who want to exploit them or impose their own ideas on others. If we look at the long term—from a past that includes despotism, feudalism, absolutism, fascism, and communism—we’re clearly better off. When we look at our own country’s history—contrasting 2010 with 1776 or 1910 or 1950 or whatever—the story is less clear. We suffer under a lot of regulations and restrictions that our ancestors didn’t face.

But in 1776 black Americans were held in chattel slavery, and married women had no legal existence except as agents of their husbands. In 1910 and even 1950, blacks still suffered under the legal bonds of Jim Crow—and we all faced confiscatory tax rates throughout the postwar period.

I note that “I am particularly struck by libertarians and conservatives who celebrate the freedom of early America, and deplore our decline from those halcyon days, without bothering to mention the existence of slavery,” and I name a couple of examples. When we talk about how free Americans were in the 19th century, we should remember that many millions of Americans look back on those years and say

“My ancestors didn’t have the right to worship in their own way. My ancestors didn’t have the right to keep and bear arms. My ancestors didn’t have the protection of centuries-old legal procedures. My ancestors sure as heck didn’t have the right to keep what they produced, or to pursue an occupation of their choice, or to enter into mutually beneficial trades. In fact, my ancestors didn’t even have the minimal right of ‘the absence of physical constraint.’”

Read the whole thing.

Postscript: In late-breaking news after the Reason article was written, Gov. Robert McDonnell (R-VA) has issued a proclamation declaring April “Confederate History Month.” As politicians often do with news they’re not really publicizing, McDonnell posted the proclamation on his website Friday, but no one noticed until Tuesday. The proclamation urges Virginians to “understand the sacrifices of the Confederate leaders, soldiers and citizens during the period of the Civil War” but does not mention slavery. Virginia’s last Republican governor, in issuing a proclamation remembering the Civil War, had at least acknowledged reality:  ”The practice of slavery was an affront to man’s natural dignity, deprived African-Americans of their God given inalienable rights, degraded the human spirit and is abhorred and condemned by Virginians … Had there been no slavery, there would have been no war.” Amazingly, he was criticized for that simple and obvious statement, as was I when I quoted it a few years back.

Run Away from ‘Common’ Education Standards

A couple of days ago, Fordham Institute president Chester Finn declared on NRO that conservatives should embrace new, national education standards from the Common Core State Standards Initiative. Today I respond to him on The Corner, and let’s just say it’s clear that neither conservatives, nor anybody else, should embrace national standards.

Oh, one more thing: I shouldn’t have to keep saying this to savvy Washington insiders like the folks at Fordham, but when the federal government bribes states with their own citizens’ tax money to do something, doing that thing is hardly voluntary, at least in any reasonable sense. 

For more wise thoughts on the national standards issue, check out this interview with Jay Greene, and this Sacramento Bee piece by Ben Boychuk.  Oh, and this interview with yours truly.

Conservatives and Afghanistan

Tomorrow, the Cato Institute will be holding a half-day conference titled, “Escalate or Withdraw? Conservatives and the War in Afghanistan.”

One of the many speakers at tomorrow’s conference will be Rep. John Duncan (R-TN). On the House floor this week, he explained why “there is nothing conservative about the war in Afghanistan.”


In the interest of full disclosure, I am not a conservative, and neither are many of my Cato colleagues. This event is intended to highlight that leaving Afghanistan is far beyond Left vs. Right, and that anti-war sentiment is not “owned by peaceniks and pacifists.”

You can come to the event, or watch it live online.

Monday Links

  • An overview of the many hurdles the health care bill still faces in the House.
  • Will conservatives ultimately oppose the war in Afghanistan? Join us for a lively discussion this Thursday at Cato featuring Joe Scarborough, Grover Norquist, Rep. Tom McClintock (R-CA) and more. Registration free. Will be broadcast online live Thursday at the link.