Thursday, 8 January 2004

Litmus test? How about an IQ test?

Well, I have to give Howard Dean (or at least his M.D. program) some credit: at least he doesn’t think life begins at childbirth like his fellow Democratic presidential candidate Gen. Wesley Clark does (also see James Joyner ). Clark not only believes that life begins at childbirth—he thinks that was the Supreme Court’s holding in Roe v. Wade (which, er, it wasn’t—in fact, the court found that third-trimester abortions were almost never constitutionally protected, something often lost in the grand abortion debate). I’m about as pro-choice as they come, but I can’t go so far as to endorse borderline infanticide. Though, I have to say that scholars who buy the legalist model will love Clark’s endorsement of stare decisis as the sole legitimate approach to judicial decision-making.

I think Howard Dean’s advisors had the right idea by telling Dean to shut up for a while. Clark’s problem is that he can’t do the same, because his persona still isn’t well-defined enough.