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What Scalia Really Wants

Oh, Nino Scalia, you rascal.  He has recently come under fire for "compar[ing] sodomy to murder."  As usual, people are missing the subtlety of the original argument (much same way people mischaracterized the politically foolish comments by Republicans that bad things--e.g. rape--are part of God's plan). In this case, a gay student asked Justice Scalia why he compares homosexuality to murder.  Scalia was a bit too playful in response.  As a result, people misunderstand his point.  The short answer is that he doesn't compare the two in terms of morality.  He compares the legislature's power to ban either or both.  That's different.   We have to move beyond a fact to fact comparison.  Scalia is not saying that homosexuality is as morally repugnant as murder.  His argument is more nuanced than that.  He is saying that we ban murder for moral reasons.  Sure, killing someone probably has some negative utilitarian outcome or exerts long-term downward pressure o

What Voters Want

Molly Ball wrote  an article forThe Atlantic website that shows the latest polling numbers explaining what voters want from a "fiscal cliff" deal: Americans want a deal that reduces the deficit, raises taxes on the wealthy, and doesn't cut entitlement benefits. But most of all, they want compromise That is to say, Americans want the problem solved but they want someone else to pay for it.  This does not surprise me.  It does not trouble me much either.  In a culture driven by consumerism, people desire bargains including policy.  I would prefer they wanted a prudent solution (whatever that is) rather than a simulacrum of "bipartisanship."  History, however, holds too many examples of popularly supported offal to hold much hope in that regard.   Something does trouble me though.  Perhaps availability bias is at play here but I feel a creeping reliance on poll numbers in analyzing the prudence of policy.  As though popular support equates to wisdom.  It is i

Falling to the Darkside: The Legacy of the 2012 Campaign

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"You either die a hero, or you live long enough to see yourself become the villain." - Harvey Dent, The   Dark Knight Rises Many Progressives are jubilant over Barack Obama's reelection.  And yet, they should be mourning the unceremonious demise of the Hope and Change promised in the 2008 election. This Democratic election effort proved that a party cannot win multiple elections unless it fights dirty. This, to me, is Obama's legacy, unintentional though it may be. The incentives and structure of the election process are so well entrenched, that not even the best of us can resist the temptation and, worse, the need to employ morally distasteful tactics. Obama and Democrats rode into office in 2008/2009 on the wave of public disillusionment with "politics as usual." Four years later, they were politics as usual's number one fans. How can anyone see this as anything but Anakin Skywalker's transformation into Darth Vader? Isn't this exac