In the Agora: Life of the Party

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November 20, 2006

Life of the Party

This past week the Federalist Society held its annual Lawyers Convention in Washington, celebrating the twentieth year of Justice Scalia's term on the bench and brainstorming how the conservative and libertarian segments of the judiciary will move forward in wake of the election. Representing the school's Federalist Society chapter, I had the opportunity to see first-hand what the Post and other elements of Washington have found troublingly enigmatic during years past.

Before nearly 1,500 at the Society's Annual Dinner last Thursday (not on Friday, as the Post reports), up and coming minority leader Sen. McConnell lamented the election while at the same time invoking strong words for upcoming judicial nominations: We still have 49 seats in a House that requires 60 to get anything done. Give judicial nominees an "up or down" vote. Later in the evening, Justice Alito took the podium, exhibiting a keen sense of humor and reservation about the increasing independence of the federal judiciary in its ability to affect public policy without the constraints of a constituency. Life-tenured unelected justices should give greater deference to the legislature and practice greater judicial modesty. Substantive due process should not trump the state house every time.

In a thinly veiled salvo aimed at Justice Kennedy, Sec. Chertoff stated he is dismayed at the invocation of international law in judicial opinions and believes that the invocation of international law is often times applied as a last best effort strategy for members of the federal judiciary and legislature to effect a change impossible under U.S. law.

Sen. McCain's remarks were, much like Vice President Cheney's, a pep talk for the next two years. For all intents and purposes, McCain's presence was his first attempt to reach out to the Society and inaugurate what may develop into beneficial relationship as the election draws near. The overwhelming neocon base (remember that current Society President Gene Meyer's father was Frank Meyer) of the Society makes McCain a palatable figure, but I'm hesitant to see him convincing the paleo constituency that (hopefully) show up at the pols in November 2008. Mormonism aside, Romney may have a better chance courting values voters; his stance on embryonic stem cell research may ostensibly be attributed to a Mormon cosmology and not an attempt to sway a vote. But then we see flip-flopping on same-sex unions and abortion and are left in a quandary, much like the Republican part will be should it not take its recent defeat seriously.

Posted by Seth Zirkle at November 20, 2006 11:04 AM

Comments

I think McCain's chances in 2008 are gone. Over the past few years, he sold his soul and latched onto the coat tails of the Bush plan. His recent remarks about sending more troops (although I agree) will not sit well, especially as things look bleak in the Middle East, and his recent "overturn Roe v. Wade" speal will alienate others.

Also, how old will he be in 2008?

Are there any Republican candidates that can court the "values voter" in 2008? Hopefully, the party will go back to its roots and drop the neocon / "values" component. I would prefer to vote Republican in 2008 if they embrace small government and fiscal responsibility.

Posted by: Anonymous at November 20, 2006 12:40 PM | permalink

The spectre of a politician elected by "values voters" is no less chilling to me than one elected by socialists. They are two sides of the same statist coin.

Posted by: Chuck at November 20, 2006 12:55 PM | permalink

Seth,

glad you made the most of it!

Posted by: Values Voter at November 20, 2006 11:28 PM | permalink

My guess is, with Santorum and Allen out of the picture, Romney has the inside track on values voters. Solid personal morality has currency with values voters, and Mormons have reputation of being very morally upright (even if the same "values voters" are skittish about Mormonism as a religion).

The dark horse here is Kansas Senator Sam Brownback, if he decides to get into the race. I can see him taking the majority of the values voters in a crowded field. Personally, though, I think he might be better suited as the #2 guy on a ticket than the #1.

Posted by: David at November 21, 2006 12:18 AM | permalink

Are there any Republican candidates that can court the "values voter" in 2008?

Gingrich?

Posted by: Alan K. Henderson at November 21, 2006 02:36 AM | permalink

David, I think you're right about Brownback. As a Catholic convert, he has all the zeal necessary to court the orthodox Catholics. Coming from a Protestant family/background, he has what it takes to tickle the evangelical ear.

Posted by: Seth at November 21, 2006 09:14 AM | permalink

November 20, 2006

Life of the Party

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