February 2, 2005
REALIGNER IN CHIEF:
Dominance on GOP Agenda: Depriving Democrats of voters and money is among White House policies' other aims. (Peter Wallsten and Warren Vieth, February 2, 2005, LA Times)
President Bush's agenda for the next four years, much of which he will highlight in his State of the Union address tonight, includes many proposals that would not only change public policy but, the GOP hopes, achieve an ambitious political goal: Stripping money and voters from the Democratic Party and cementing Republican dominance for years after he leaves office.One of the clearest examples is an effort to limit jury awards in lawsuits against doctors and businesses. The caps might not only discourage "frivolous" lawsuits, as Bush argues, but also deprive trial lawyers of income from damage awards that they could then give to Democrats.
"If we could succeed in getting some form of tort reform passed — medical malpractice reform or any of part of that — it would go a long ways toward … taking away the muscle, the financial muscle that they have," said Sen. John Thune (R-S.D.), who ousted Senate Democratic leader Tom Daschle last fall despite a heavy flood of trial lawyer money backing the Democrat.
On issue after issue, the White House is staking out positions that achieve a policy goal while expanding the GOP's appeal to new voters or undermining the Democrats' ability to compete. Interviews with Bush advisors, a recent memo drafted by a senior White House strategist and a speech last month by the Republican Party's new chairman show that the political advantages are very much part of the calculation.
Bush's plan to alter Social Security, for example, would allow younger workers to divert some of their payroll taxes into privately owned retirement accounts. GOP strategists hope it would also foster a new "investor class" that would vote Republican.
Republican support for free trade undermines labor unions which, like trial lawyers, are a bedrock of the Democratic Party, strategists say.
The president's faith-based initiative, which encourages government funding for religious social service agencies, and his opposition to legalizing same-sex marriage are popular with socially conservative African Americans, who have for decades leaned Democratic but are increasingly viewed as potential GOP voters.
Many black parents, whose children attend struggling public schools, also agree with Republicans' support for school vouchers. And Bush's call to revamp the nation's immigration laws makes the party more appealing to Latinos, another traditionally Democratic group.
"Are we doing it because it creates more Republicans? Or are we doing it because it's the right thing to do, and by the way, it also happens to create more Republicans?" asked Grover Norquist, head of Americans for Tax Reform and a frequent advisor to Karl Rove, Bush's chief political advisor. "It's both."
It helps that the Democrats have staked their credibility on attacking black and Latinos appointees and opposing any reform whatsoever of any existing program, no matter how old and outdated.
MORE:
Democrats mobilize against Gonzales (Rick Klein, February 2, 2005, Boston Globe)
Senate Democrats, eager to present a united front in opposition to President Bush, are seeking to vote in large numbers against the nomination of Alberto Gonzales to become attorney general, which they hope will serve as a warning to Bush about future judicial appointments.Posted by Orrin Judd at February 2, 2005 8:04 AMWhile Democrats yesterday focused on Gonzales's role in authorizing memos condoning torture of terrorist suspects, they also seemed to have an eye on the Supreme Court, where Bush is expected to have at least one vacancy to fill in the near future. Gonzales has been widely mentioned as a potential court appointee, and the current debate in the Senate suggests he would face a difficult road to confirmation.
Democrats opted not to mount a filibuster of Gonzales's nomination for attorney general because of insufficient votes and concerns about the political fallout.
The LA Times' subtext to the Dems: "You idiots, we're being outmanuvered by that cowboy!"
Posted by: Gideon at February 2, 2005 8:32 AMLabor and the lawyers made the mistake of only backing one horse, and not both.
Posted by: Mikey at February 2, 2005 8:40 AMMikey is right, especially about lawyers (I am one). They've doubly screwed up -- on the one hand leaving themselves with little lobby input on what tort reform proposals will look like, on the other hand failing the legal profession.
Plenty of lawyers feel like some sort of tort reform has been needed, whether from without the profession or within. Had the profession been more willing to internally censure its members or suggest that some kinds of money-gouging behavior were unnacceptable, they could have avoided this.
There's some irony in the fact that Democrats stand to lose much more from tort reform than Republicans. Though people have always hated lawyers, the public reputation of the profession today has a lot to do with the general liberalization that's happened in American politics, society & law since the 60's. (Maybe I should say increasing licensuousness). The profession used to do things like sharply regulate how attorneys advertised -- the back of the phonebook, basically, wasn't allowed, nor were billboards, etc. Bar associations at least tried to protect the dignity of the profession. Since the 60's such regulation has gotten the reputation of being old-fogeyish, only a device to protect the country-club set's control over the profession, etc. And the Supreme Court did things like rule strictures on legal advertising unconstitutional.
Not to say that plain old greed doesn't have a lot to do with huge jury awards, either. But there's something of a parallell between lawyer's reputation today and the general dismissal of restraints over the last fourty years.
I'm also honestly worried that whatever tort reforms get proposed will go to far. The tort system has been abused -- it isn't pernicious in itself. If the R's try to twist the knife they'll end up screwing more people than just lawyers.
Posted by: Twn at February 2, 2005 9:19 AMTwn,
There pretty much isn't a single personal injury matter that couldn't be arbitrated or dealt with like Workers Comp.
Posted by: Bart at February 2, 2005 9:40 AMTwn
Been in the business for over thirty years. Agree with everything you said, especially about the advertising. It's awful.
Posted by: Jdkelly at February 2, 2005 11:13 AMThe advertising is slimy, crass, vulgar and demagogic, promising something for nothing, not unlike lawyers.
Posted by: Bart at February 2, 2005 11:46 AMIt doesn't help that the ABA and most state bars are basically wholly-owned subsidiaries of the ACLU. The hippies are running the joint and it'll be a long time before we can repair the damage they're busy doing.
Posted by: Random Lawyer at February 2, 2005 12:09 PMTell me about. I'm an attorney also, and the ABA really doesn't speak for me.
Posted by: Mikey at February 2, 2005 12:23 PM