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Dec 17

Mourdock finds a scapegoat, surprising legal argument in Prop 8 and DOMA, and Michelle Malkin not understanding twitter.

Richard Mourdock lost his bid for the senate in Indiana after saying some unarguably stupid things about abortion.  And now, in his recent fundraising letters, he’s identified the culprit: the media.

“After a bitter, hard-fought campaign, many Republicans all over the country were forced to accept defeat rather than celebrate victory. In our case, we found our campaign caught in the liberal media crosshairs. Never has Indiana seen a more obvious example of media bias by reporters more interested in defeating conservatives than reporting the news,” Mourdock Finance Director Ashlee Walls writes in a fundraising plea to supporters.

“We fought back and invested heavily in a last-minute push to combat the slew of false accusations Democrats and the liberal media churned up to distract voters.”

Of course, it has nothing to do with the fact that Mourdock actually said those things, and everything to do with the fact that the various news outlets, who get paid to cover the comments of political contenders, actually *gasp* reported that he said it.


Jonathan Rauch has made an interesting legal argument about the forthcoming gay rights cases to be heard by the Supreme Court: that it may ultimately be better for gay rights if the SCOTUS rules against gay rights interests in the cases.

I bow to no one in my support for marriage equality. I have been fighting for it since 1996, when the cause seemed crazy and only the courts offered any hope at all. As part of that fight, the hardest thing I have done is to counsel my gay friends and allies that litigation was necessary, but that real civil rights—durable, deeply rooted civil rights, as opposed to what James Madison called “parchment barriers”—come from consensus, not from courts…

Gay Americans are now, at long last, winning the battle for marriage equality where it counts: in the hearts and minds of our straight fellow citizens. Only recently, polls began showing a narrow majority of the public supporting same-sex marriage. That trend broke through into politics in 2012, our annus mirabilis. The president and the Democrats embraced gay marriage after years of opposing it; so did some of the country’s leading conservative thinkers…

Here is a movie plot you have never seen and never will see: a disadvantaged athlete struggles against the odds, makes it to the Olympics by sheer force of grit and talent, and is ahead in the race for gold—when, with the finish line in sight, the referee calls off the competition, hands the hero a medal, and everybody goes home.

Gay Americans are in sight of winning marriage not merely as a gift of five referees but in public competition against the all the arguments and money our opponents can throw at us. A Supreme Court intervention now would deprive us of that victory. Our right to marry would never enjoy the deep legitimacy that only a popular mandate can bring.

I don’t agree with the last sentence, as I think gay marriage will ultimately be realized with the same acceptance as interracial marriage eventually.  But the rest has some merit.

I still think the SCOTUS will say it can’t rule on prop 8 after judging it on standing rather than merits, and that DOMA will be struck down 5-4.  But there’s a lot of nuance that could have an affect elsewhere, such as whether or not Section 2 of DOMA gets to stand.

Section 2 declares that states must recognize same-sex marriages from other states, while Section 3 says that the federal government cannot recognize those marriages. In the DOMA case going before the SCOTUS, only Section 3 is being challenged.  Whether or not this affects anything (since the Obama DoJ has already said it won’t defend DOMA) depends on what standard of review the court decides to apply.  If they apply heightened or intermediate review, DOMA is gone and, eventually, so are all the state bans on same-sex marriage.  However, I doubt they will.


Michelle Malkin is positively beside herself that conservative hashtags on twitter (like #tcot, #teaparty, #gop, #romney and #mittromney) were the most popular in 2012.

However, it’s no secret that voters that swing more liberal (young people) dominate the internet, and that the web is far more hostile to conservatives than any other medium.  It’s fairly obvious that much of the use of those hashtags were to mock the groups to which they are attached.

Congrats to all the happy warriors on Twitter who delighted in crushing narratives, mocking the steady supply of mock-worthy liberal nonsense and tweeting truth to power! It’s not the only battleground by far, but it’s one we won’t cede…

Now let’s translate that into domination at the polls!

The outcomes at the polls should confirm how those tags were used.

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