In my last post, I painstakingly put together an analysis of the religious tradition that Harriet Miers has embraced, concluding that it doesn’t much provide definitive evidence of her probable views on issues like abortion. Imagine my chagrin when I picked up the newspaper the next day to discover that her sometimes boyfriend and fellow parishioner at Valley View Christian Church, the right-wing Texas Supreme Court Justice Nathan Hecht, has been running around telling anybody who would listen that there’s zero doubt about Miers’ views on abortion.In my own long discourse on Miers religious background, I concluded that the nexus between her religion and her judicial philosophy would probably remain a mystery so long as “she and her friends and associates decide to keep it that way.” Well, Hecht would certainly qualify as someone in that inner loop; after all, he’s the one who introduced Miers to Valley View about a quarter century ago, when she, a lapsed Catholic, was seeking a renewed spiritual life.And indeed, Hecht’s assertions seem to be having an effect in some circles. The influential conservative evangelical Marvin Olasky (best known as the coiner of the phrase “compassionate conservatism”) has placed great stock in Hecht’s assurances in his cautiously pro-Miers blog posts. More importantly, the ultimate Christian Right bigfoot, James Dobson, in his bizarre radio remarks yesterday defending his early support for Miers, mentions his friendship with “the man who brought her to the Lord” as one part of the “confidential” information persuading him. This is clearly a reference to Hecht.But is Hecht speaking for himself, for Miers, and for the White House? Well, it’s not like he’s some loose cannon with no insider connections. Karl Rove ran his first campaign for the Texas Supreme Court. He knows the president well enough that W. has bestowed him with one of his famous personal nicknames: “Hector.” It sure looks like he’s on a mission from the administration to help preempt any Christian Right revolt against this nomination.But the weird thing is: it may not be working that well. Yes, the latest C.W. among the chattering classes is that the intra-conservative fight over Miers is one of those Main Street/Country Club fights pitting the GOP’s Christian Right base against snobby elitists who care more about a prospective justice’s legal resume than about her willingness to overturn Roe v. Wade. Indeed, some point to the non-Christians prominent in the conservative opposition to Miers (e.g., David Frum, Bill Kristol) and luridly suggest a big-time Theocon/Neocon split.I don’t think so. Aside from Frum, most of the National Review luminaries (e.g., Rich Lowry, Ramesh Ponnuru) who are prominent in the revolt against Miers are serious Right-to-Life Catholics. Nobody can out-Main Street Phyllis Schlafly, another Miers skeptic. Nobody’s more focused on cultural issues like abortion than Paul Weyrich. Tony Perkins, Dobson’s comrade-in-arms in the Colorado Springs Empire, has been notably neutral on the nomination.And even Dobson himself is expressing doubts and fears on Miers and the abortion issue, noting in the radio address that he will have “the blood of all those babies” on his hands if he guesses wrong about her views.You have to figure at this point that the White House is playing a dangerous double game on Miers, trying to get the word out to the Cultural Right that she’s a sure vote to overturn Roe, without providing any evidence that could blow up on her during the confirmation hearings. The fact that the Cultural Right is split on Miers is an indication this preemptive strategy has failed, which means that conservatives as well as Democrats are going to press her and the White House for clearer answers to their questions.My guess is that “Hector” will now shut up, leaving Rove and company to come up with a new strategy for threading this particular needle. It won’t be easy.
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Editor’s Corner
By Ed Kilgore
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October 11: Should Democrats Fear Jill Stein?
After the Democratic National Committee ran an ad warning that a vote for Jill Stein is a vote for Donald Trump, I assessed her spoiler potential at New York:
In a presidential contest so close that every one of the seven battleground states could go either way, the major-party campaigns are spending some of their enormous resources trying to ensure that minor-party candidates don’t snag critical votes. This ad from the Democratic National Committee is indicative of these fears:
Not only does this ad convey the simple message that “a vote for Jill Stein is a vote for Donald Trump,” but it includes the reminder that according to the Democratic narrative of the 2016 election, the Green Party candidate was the spoiler who gave Trump his winning margins in the key battleground states whereby he upset Hillary Clinton despite losing the national popular vote.
It’s true that Stein won more votes than Trump’s plurality in Michigan, Pennsylvania, and Wisconsin in 2016. So if all of her voters had instead voted for Clinton, Trump would have not become the 45th president and the hinges of political history would have moved in a very different direction. But even though Stein was running distinctly to Clinton’s left and appealing to disgruntled Bernie Sanders primary voters, it’s not 100 percent clear what would have happened had she not run (the Greens, of course, are a regular presence in presidential elections; it’s not as though they were conjured up by Trump in 2016). Some might have actually voted for Trump, and even more might have stayed at home or skipped the presidential ballot line.
The picture is complicated by the presence of an even larger minor-party candidacy in 2016, that of Libertarian Gary Johnson, who won 3 percent of the national presidential vote compared to Stein’s one percent. One academic analysis utilizing exit polls concluded that Clinton would have probably lost even had neither of these minor-party candidates run.
In 2024, Libertarian Chase Oliver is on more state ballots (47) than Stein (39), including all seven battleground states (Stein is on six of them, all but Nevada). Traditionally Libertarians draw a bit more from Republicans than from Democrats (many of them wouldn’t vote for a major-party candidate in any event). But it’s understandably the Greens who worry Democrats, particularly since Stein is counting on defections from Democratic-leaning voters who are unhappy with the Biden-Harris administration’s support for Israel in its war on Gaza. As the Times of Israel reported last month, there are signs Stein’s strategy is working to some extent with Muslim voters:
“A Council on American-Islamic Relations poll released this month showed that in Michigan, home to a large Arab American community, 40 percent of Muslim voters backed the Green Party’s Stein. Republican candidate Donald Trump got 18% with Harris, who is US President Joe Biden’s vice president, trailing at 12%.
“Stein, a Jewish anti-Israel activist, also leads Harris among Muslims in Arizona and Wisconsin, battleground states with sizable Muslim populations where Biden defeated Trump in 2020 by slim margins.”
It’s also worth noting that Stein chose a Muslim (and Black) running mate in California professor Butch Ware.
Any comparisons of her 2024 campaign with her past spoiler role should come with the important observation that non-major-party voting is likely to be much smaller this year than it was in 2016, when fully 5.7 percent of presidential voters opted for someone other than Trump or Clinton. The non-major-party vote dropped to 1.9 percent — a third of the 2016 percentage — in 2020. Earlier this year it looked like independent candidate Robert F. Kennedy Jr. would push the non-major-party vote even higher than it was eight years ago. But then Joe Biden’s withdrawal from the race, which reduced the “double-hater” vote unhappy with both major-party candidates, followed by Kennedy’s withdrawal and endorsement of Trump showed that particular threat evaporating. Despite his efforts to fold his candidacy into Trump’s in the battleground states, Kennedy is still on the ballot in Michigan and Wisconsin, though it’s anybody’s guess how many voters will exercise that zombie option and who will benefit. Another independent candidate, Cornel West, stayed in the race, but he’s struggled with both funding and ballot access; he’s not on the ballot in Arizona, Georgia, Nevada, or Pennsylvania, and he’s competing with Stein for left-bent voters unhappy with Kamala Harris. Unsurprisingly, Republican operatives have helped both Stein and West in their ballot-access efforts.
There are some indications that the non-major-party vote will drop even more than it did earlier this year. A new Pew survey shows that only 12 percent of registered voters who express a preference for a minor-party or independent candidate are “extremely motivated to vote,” and only 27 percent of these voters think it “really matters who wins.” These are not people who will be rushing to the polls in a state of excitement.
It’s hard to find a credible recent national poll showing Stein, Oliver, or West with more than one percent of the vote. But a late-September New York Times-Siena poll of Michigan, with its significant Arab-American and Muslim populations, did show Stein with 2 percent of likely voters. In an extremely close race, even small splinter votes can matter, as the experience of 2000 in Florida will eternally remind Democrats. Had that year’s Green Party candidate, Ralph Nader, not appeared on the ballot, it’s pretty likely Al Gore would have been the 43rd president. So anything can happen in what amounts to a presidential jump ball, and you can expect Democrats to continue calling Stein a spoiler while Republicans not-so-quietly wish her well.