Archive for the ‘Politics’ Category

A Lament

Sunday, November 19th, 2000

“It is not who votes that counts, but who counts the votes.” — Joseph Stalin. “I’m not like George Bush. If he wins or loses his life goes on. I will do anything to win.” — Al Gore quoted in News week, 1999.

For a short time on Election Day I was certain that Al Gore had won the presidential election. The networks had called the state of Florida for Gore and Bush had also lost both Michigan and Pennsylvania. It was inevitable that Gore would win the presidency at least in the Electoral College.

As one can imagine, I was very disappointed. Despite my despondency, I still had to pick my brother up at the airport. Out of touch for a few hours, I was alone with my thoughts and rapidly came to grips with the results. If Gore had been elected, well I would just have to accept it. It is possible to profoundly disagree with the elected choice, while still recognizing the legitimacy and authority of the decision. I do not want disappointment to descend into disillusionment or to let anger create cynicism.

However, the continuation of the Clinton-Gore scorched Earth policy in political competition erodes the political faith necessary for a free society to maintain the legitimate continuity of leadership.

When Clinton managed to use his political popularity and vicious attacks on the independent counsel to escape conviction in the Senate, I accepted it. The Founders had envisioned the removal of the president to be in part a political contest. The people were not prepared to remove Clinton, so neither was the Senate.

When Clinton ordered a military attack on what turned out to be an aspirin factory that conveniently drew attention away from his impeachment troubles, I argued on Clinton’s behalf. I believed that no patriotic person, much less a president, would countenance military action for personal political gain.

When it became clear that significant monies from the Communist Chinese had found their way into Clinton’s re-election campaign, I never believed that Clinton would support policies he believed would not be in the best interests of the United States in exchange for the funds.

Once again, Gore (Clinton continued) mounts a war against presumptive legitimacy and good faith in the political culture. Unfortunately, statistical evidence can no longer be martialed on behalf of this faith. The evidence suggests at best an inadvertent and at worse a deliberate effort to manufacture votes on behalf of Al Gore and to effectively steal an election.

In Florida, the election for president was so close that an automatic recount was triggered. Most of these recounts were made by machine. Remember these recounts did not consider contested ballots where two or no candidates for president were selected. These were generally valid ballots that were sent through the machines twice. One would expect that the “corrections” would break to the advantage of both Gore and Bush in reasonable proportion to the popularity of the candidates in the different counties.

Generally, this assumption was true. The corrections in most counties were statistically consistent with the original count. However, in Gadsden, Orange, Palm Beach, Pasco, Pinellas, Polk, and Volusia Counties, the vote broke to the advantage of Gore far in excess of what could be expected statistically. Indeed, in these counties the chances were less than 1% individually, and far smaller collectively, that the votes broke this way randomly.

Pinellas County found 14 new Gore votes and only 1 new Bush vote despite the fact that Gore received 52% of the original vote. With such small numbers, however, it is hard to draw strong conclusions.

Palm Beach County is different. There Gore received 787 new votes as compared to Bush’s 105 votes. Even excluding the 19 new Gore votes received in a limited hand count, the Gore increase in votes from Palm Beach’s first recount was statistically incredible. In Gadsden County, 187 additional votes were counted and they broke voted 91% for Gore, while the county overall broke 67% for Gore. To believe there was not something peculiar going on in these places requires faith in election officials only marginally less intense than Abraham’s faith when he offered his son Isaac as a sacrifice.

Add to this the fact that a number of Republican observers have filed formal affidavits, under penalty of perjury, charging election official Carol Roberts, a Democratic activist, with piling Bush ballots in Gore stacks and poking chads with her finger nails. Carol Roberts has not recused herself and she continues her allege practices unabated.

It is true that in Palm Beach County every vote is examined by a Republican and a Democrat. However, when there is controversy, the election board, dominated by Democrats, has invariably decided in favor of adding a Gore vote and not adding a Bush vote. Equity seems no where in sight. Democrats control the machinery of the elections in the few counties under dispute and the statistics of the first recount and the observations on the ground do not lend credence to the election process in these heavily partisan counties.

Please, please someone convince me that this election is not being stolen. I want to believe in the legitimacy of this election, but I find it difficult. Will the legacy of Clinton-Gore finally be the undermining of political faith? Is winning, at any cost, the only thing that really matters?

A Little Class

Saturday, November 11th, 2000

The arrows were a little larger on these ballots, but the voters were not given a ballot to study before hand. Nor where these voters allowed to ask questions to clarify the instructions. Indeed, the only instructions these voters were given were to “Check the box for the one you choose.” Using a ballot similar in design to the ballot that supposedly confused some adult voters in Palm Beach County Florida on election day, 74 eight-year olds in Leesburg Georgia were asked to select their favorite Disney character.

The mock vote was a simple experiment conducted by child psychologist Ron McGee. None of the youngsters was confused into selecting a Disney character other than the one he or she intended to select. As if to make the analogy with the Florida presidential election results complete, the vote for the favorite Disney character was a tie between Mickey Mouse and Goofy. I will leave it to the reader decide which Disney character corresponds most closely to which major presidential candidate. [1]


Upon the ultimate vote count in Florida, the Presidential election will likely turn. Florida’s 25 electoral votes will give either Governor George Bush or Vice-President Al Gore the necessary votes for an Electoral College majority. Only a few hundred votes now separate Gore and Bush.

As it appears now, the election took place in accordance with applicable Florida law and arguments about the ballot confusion irrelevant. While the design of some ballots seems to be less clear than it could have been, the case of the eight-year olds above illustrates that the ballots were not particularly ambiguous. Court precedents suggest that so long as a person exercising the due diligence consistent with the solemnity of a vote can understand the ballot, then the ballot is fair. [2]

Although Bush currently leads, after some additional recounts and after accounting for all absentee ballots, it is still very possible that Gore could be ahead in the final vote count. There is the still unresolved question of whether hand counts or machine counts are fairer and more accurate. There is some litigation with regard to this pending.

After these issues are resolved and the Florida vote certified and unless there are extremely compelling and pervasive cases of voter fraud, the candidate with the fewer votes should quickly concede. Not only should Bush or Gore concede, he should urge his supporters to desist from the pursuit of additional remedies. The Gore campaign it now financing private law suits in Florida, while trying to avoid the appearance of litigiousness. Such support should cease. These largely frivolous suits unnecessarily attempt to undermine the legitimacy of the next president.

The losing patriot should put the stability and integrity of the election process above personal ambition. The acceptance of the results should include eschewing any attempt to search for or encourage “faithless” electors to switch the votes to which they were ethically bound.

In 1960, then Vice-President Richard Nixon lost a very close election race to then Senator John Kennedy. Nixon could have contested the probity of the close Illinois and Texas races. With those two states in hand, Nixon would have been able to claim victory.

Instead, Nixon conceded to Kennedy. This noble action avoided the international complications of the appearance of American political instability. It avoided undercutting popular faith in the election process. And perhaps most importantly to Nixon, it kept open the possibility of winning a presidential election eight years later. Had Nixon challenged Kennedy’s election and delayed the final selection of a president through the judicial system, he would have likely not only not gained the presidency, he would have so alienated an impatient public that he would have forever been an unwelcome candidate.

Both candidates should weigh Nixon’s historic precedent as they decide on how to proceed in the next few weeks.


  1. The Associated Press, “Ballot Child’s Play for 8-Year-Olds” Friday, November 10, 2000; 3:07 p.m. EST.
  2. One argument runs that since 19,000 votes were discarded because two candidates were selected, the ballots are two confusting. Some digging by Republican activist Mary Matalin has revealed these 19,000 ballots may not represent voters disenfranchised by a confusion. Rather when people accidentally selected two presidents they could turn in those ballots and get new ones. These 19,000 discarded ballots may simply represent times when voters simply went on to recast valid ballots. I am looking for independent validation of this but the wire services seem to be no longer carrying the story of the 19,000 ballots. Perhaps is an indirect validation.

Electoral College Prediciton

Saturday, November 4th, 2000

“Jimmy Carter may well make it. One must start with that observation. Obviously, he’s either tied or a little ahead or a little behind. The pollsters are only agreed that this race is extremely close — and that a last-minute surge by either candidate could be decisive in the outcome.” — Godfrey Sperling Jr; Chief of the Monitor’s Washington Bureau, The Christian Science Monitor , November 3, 1980, one day before the election. Ronald Reagan won by over 10% of the popular vote and 489 of a possible 538 electoral votes.

Given the fact that I am running a contest asking readers to predict the outcome in the Electoral College of the US Presidential Election, it is only fair that I expose myself to the same potential of looking foolish after the elections. This also gives me the opportunity to indulge the bad habit of excessive application of mathematics to social phenomena.

As I am writing this, it has been twenty-four hours since the story of Governor Bush being convicted of “Driving Under the Influence” twenty-four years ago has broken. I can make a plausible case in my mind that this information will hurt Bush’s chances by chipping at Bush’s reputation for forthrightness.

I could also make the opposite case. Since the information was released by a Maine Democratic partisan who was a candidate for Maine governor and a Gore delegate to the Democratic National Convention, the entire situation smells like part of a dirty tricks campaign.

Political guru Dick Morris, appearing on Fox News’ O’Reilly Factor, suggests this whole issue will damage Gore’s chances. Gore, according to Morris, is a few percentage points behind in the popular vote, but this story will not make up that gap. However, the story will keep Gore’s message off the air, freezing the campaign. My presumption at this point is that the issue will prove to be a wash. No candidate will gain an advantage.

No major current poll shows Gore ahead and the consensus of the polls suggests that he is about 3 to 4 percentage points behind among likely voters. What does this imply about the Electoral College results? Many political analysts try to examine votes state-by-state. This might have made more sense decades ago when there was a greater difference between states. Mass communications and the ease of travel have to a large extent homogenized the population. Hence there is too strong a correlation between states to effectively separate them. Similar states will tend to move to the same candidates. Looking too closely at each state may prove to be a case of missing the forest for the trees. The national polls are more instructive.

Consider the graph below. It shows the margin of victory in the Electoral College as a function of the margin of victory in the popular vote for all the elections in the twentieth century. The Electoral College vote count is normalized to the 538 current total. This allows us to compare recent results with results in 1900 when there were only 447 electoral votes.

The points are plotted on a log-log plot to make small values a little clearer. The graph shows that once the popular vote differences grows to about 10%, the margin of victory in the Electoral College grows to over 100 votes. The closest election in the Electoral College was the Woodrow Wilson versus Charles Hughes contest in 1912 where only 23 votes separated the winner from the looser. The popular vote difference was 3.3%.

Among the more modern elections, the popular vote in the John Kennedy versus Richard Nixon race in 1960 was separated by only 0.2%, while the Electoral College vote difference was a large 84 votes. The closest Electoral College separation in the post-World War II era was the Jimmy Carter versus Gerald Ford contest in 1976. Carter earned a 57 vote Electoral College margin with only a 2.1% difference in the popular vote.

In the current race, I assume that I can believe the polls and Bush will defeat Gore by 3% in the popular vote. The above graph suggests that this will translate into about an 80 point margin in the Electoral College vote.

My prediction: Bush 309, Gore 229.

Electoral College Prediciton

Saturday, November 4th, 2000

“Jimmy Carter may well make it. One must start with that observation. Obviously, he’s either tied or a little ahead or a little behind. The pollsters are only agreed that this race is extremely close — and that a last-minute surge by either candidate could be decisive in the outcome.” — Godfrey Sperling Jr; Chief of the Monitor’s Washington Bureau, The Christian Science Monitor , November 3, 1980, one day before the election. Ronald Reagan won by over 10% of the popular vote and 489 of a possible 538 electoral votes.

iven the fact that I am running a contest asking readers to predict the outcome in the Electoral College of the US Presidential Election, it is only fair that I expose myself to the same potential of looking foolish after the elections. This also gives me the opportunity to indulge the bad habit of excessive application of mathematics to social phenomena.

As I am writing this, it has been twenty-four hours since the story of Governor Bush being convicted of “Driving Under the Influence” twenty-four years ago has broken. I can make a plausible case in my mind that this information will hurt Bush’s chances by chipping at Bush’s reputation for forthrightness.

I could also make the opposite case. Since the information was released by a Maine Democratic partisan who was a candidate for Maine governor and a Gore delegate to the Democratic National Convention, the entire situation smells like part of a dirty tricks campaign.

Political guru Dick Morris, appearing on Fox News’ O’Reilly Factor, suggests this whole issue will damage Gore’s chances. Gore, according to Morris, is a few percentage points behind in the popular vote, but this story will not make up that gap. However, the story will keep Gore’s message off the air, freezing the campaign. My presumption at this point is that the issue will prove to be a wash. No candidate will gain an advantage.

No major current poll shows Gore ahead and the consensus of the polls suggests that he is about 3 to 4 percentage points behind among likely voters. What does this imply about the Electoral College results? Many political analysts try to examine votes state-by-state. This might have made more sense decades ago when there was a greater difference between states. Mass communications and the ease of travel have to a large extent homogenized the population. Hence there is too strong a correlation between states to effectively separate them. Similar states will tend to move to the same candidates. Looking too closely at each state may prove to be a case of missing the forest for the trees. The national polls are more instructive.

Consider the graph below. It shows the margin of victory in the Electoral College as a function of the margin of victory in the popular vote for all the elections in the twentieth century. The Electoral College vote count is normalized to the 538 current total. This allows us to compare recent results with results in 1900 when there were only 447 electoral votes.

The points are plotted on a log-log plot to make small values a little clearer. The graph shows that once the popular vote differences grows to about 10%, the margin of victory in the Electoral College grows to over 100 votes. The closest election in the Electoral College was the Woodrow Wilson versus Charles Hughes contest in 1912 where only 23 votes separated the winner from the looser. The popular vote difference was 3.3%.

Among the more modern elections, the popular vote in the John Kennedy versus Richard Nixon race in 1960 was separated by only 0.2%, while the Electoral College vote difference was a large 84 votes. The closest Electoral College separation in the post-World War II era was the Jimmy Carter versus Gerald Ford contest in 1976. Carter earned a 57 vote Electoral College margin with only a 2.1% difference in the popular vote.

In the current race, I assume that I can believe the polls and Bush will defeat Gore by 3% in the popular vote. The above graph suggests that this will translate into about an 80 point margin in the Electoral College vote.

My prediction: Bush 309, Gore 229.

Networks Blow Coverage of Texas Educational Achievement

Sunday, October 29th, 2000

“…they ran their heads very hard against wrong ideas, and persisted in trying to fit the circumstances to the ideas, instead of trying to extract ideas from circumstances.” — Charles Dickens, Great Expectations.

Please forgive the citation of yet one more poll in an already poll-saturated season. Pew Research recently asked a presumably representative cross section of 515 Americans “Who do you think most newspaper reporters and TV journalists1 want to see win the presidential election: George W. Bush or Al Gore?” By a margin of 47% to 23% Americans believe that Gore was the favorite of the national media.

Americans need not be a perceptive group to divine this conclusion. CBS News, in particular, has been conspicuous in its bias. CBS belatedly concluded that it should have extended the coverage of the first night of the Republican Convention by one hour. To compensate for this oversight they extended the first night of coverage at the Democratic convention. CBS News no longer even feels the necessity to appear evenhanded.

The latest example of TV news partisanship is the coverage of the recent “issue paper” released by the RAND Corporation two weeks before the election. The short issue paper questioned the extent of the “Texas Miracle” in educational achievement, especially among minority students.

The evening news and the morning news programs of the major networks led off with the story of the RAND issue paper with the implication that, contrary to conventional wisdom, Texas education had not recently improved. The recent release from RAND was not put into context and little mention was made of the far more extensive and pro-Texas RAND report by different researchers. TV news programs had largely ignored this previous report when it was released in July. On the other hand, the new issue paper was offered as dramatic new evidence that devastates Governor George Bush’s education credentials.

Of course the truth is far more complex. The validity of a report is not measured by its length, but even the authors of the recent issue paper from RAND Corporation, would concede that the earlier 200-plus page report by Grissmer et al. is far more extensive and complete than the 14-page issue paper recently released by Klein et al. just last week. Indeed, Klein et al. warn that their issue paper is based on scores from 20 schools from “one part of Texas.” The schools “were not selected to be representative of this region let alone Texas as a whole.” Hence, the TV news programs were focusing on a speculative report that was not even based on a representative sample of students.

The July report, by contrast, was based on analysis of data from the National Assessment of Education Progress (NAEP) tests between 1990 and 1996. In that report, Grissmer et al. of RAND concluded that “…some states are doing far better than others in making achievement gains and in elevating their students’ performance compared with students of similar racial and socioeconomic background in other states. Texas and Indiana are high performers on both these counts. One group of states led by North Carolina and Texas … boasts gains twice as great as the national average.”

In fairness, the July report observed that gains were made because of bipartisan emphasis on making the necessary reforms. Part of the period studied covered the terms of the previous Governor Ann Richards and the current Governor Bush. Moreover, the bipartisan educational effort included important work by the Texas legislature. Apparently a lot can be achieved if one does not worry about assigning credit. This is the sort of bipartisan approach that Bush claims he is embracing.

What has happened since 1996? The NAEP test can not yet reveal conclusive information. Although the NAEP tests are widely regarded as good measures of academic performance, they do suffer from some important limitations. The NAEP test are not conducted every year, nor in every grade, nor at every school. Therefore, they cannot be used as a means to hold specific schools accountable for specific results. They are much better at measuring long-term trends than in making up-to-date assessments.

With bipartisan support, Texas instituted the Texas Assessment of Academic Skills (TAAS) tests to monitor student achievement and to provide accountability. These tests measure reading and mathematics in grades 3, 4, 5, 6, 7, 8, and 10.

It is in these TAAS tests that students have demonstrated the greatest improvement in test scores, the “Texas miracle.” So what’s the problem? The problem is that although NAEP test given in 1998 for 4th and 8th graders shows significant improvement, the improvements were not as dramatic as in the TAAS test. Hence, the recent issue paper authored by Klein et al. speculates that perhaps there is something wrong with the TAAS tests. Klein et al. go on to speculate that since the TAAS tests are used for high-stakes school accountability, the test results may reflect an emphasis on teaching to the test.

In some sense, teaching to the test is not necessarily a bad thing. If the test measures learned skills, teaching to the test means learning those skills. Even more importantly, teachers may make an extra effort to remind students to get a good night’s sleep before the test. Teachers may give sample problems in a test-like environment to relieve the anxiety of students through de-sensitization. There are many thing teachers can do to help students prepare for test taking, strategies that middle class students may have learned earlier from parents.

Any school administrator will tell you that the best way to make your school system look bad is to have tests that measure skills and knowledge that do not match the schools’ specific curriculum. The greater success of students, especially minority students, on the TAAS tests may simply mean the Texas curriculum more closely matches the TAAS test than the NAEP test.

The Scholastic Aptitude Tests (SATs) are no less immune than the TAAS test from teachers and school systems placing strong emphasis on test preparation and focusing on the skills and knowledge covered by the tests. Given the attention paid to these scores by parents and school administrators, SATs also provide high-stakes accountability. However, if SAT scores in other school districts increased as much as the TAAS scores did in Texas, it would represent a cause for celebration not consternation.

As Chester Finn, former assistant US Secretary of Education points out, “NAEP alone shows commendable gains by Texas kids and schools — and Texas minority kids at or near the front of the pack among minority kids nationwide. This is solid accomplishment that would deserve praise even if Texas had no state test of its own.”2 Indeed, when compared to California, a state that faces similar challenges with a large immigrant population, the Texas results look even more impressive.

Perhaps most disturbing is the suggestion by Klein et al. in the recent issue paper that perhaps low-income students did too well on the TAAS test. Privacy considerations make it impossible to know the precise economic status of students. However, there is too often a correlation between lower academic achievement at schools and the fraction of students on the free/or reduced lunch program. The more students on the program, the lower student achievement typically is.

The results of the TAAS tests did not conform to this “soft bigotry of low expectations” and were, therefore, in the minds of Klein et al. not credible. The test scores for economically poor students were higher than Klein expected. It is undoubted true that teachers at previously low-performing schools feel the most pressure to help their students improve their achievement. The most plausible explanation for higher performance of lower-income students is that demanding accountability from schools improves student performance. Klein et al. were not quite willing to consider this explanation.

As a scholarly effort, the work of Klein et al. reaches, at best, the level of an internal report summarizing incomplete work in progress. The Grissmer et al. report released in July, by contrast, represents a serious professional, independently peer-reviewed publication. The release of the Klein et al. issue paper two weeks before the election was at best premature and at worst will prove to be an embarrassment for RAND. To avoid the appearance of partisanship next time, the non-partisan RAND Corporation ought to make sure there is at least one non-Democrat participant3 in a controversial study criticizing the programs of a Republican, especially a study who’s timing is so close to an election.

The question of how much academic achievement has improved in Texas is a very legitimate and important area of academic inquiry and of news coverage. However, the excessive attention devoted to the speculations of this issue paper based on an admittedly non-representative data sample in the waning days of this presidential campaign is a clear measure of the desperation TV journalists feel in anticipation of potential of a Bush victory.


1 TV journalist is someting of an oxymoron.
2 Interview in National Review Online, 2000.
3 The National Review Online (A Conservative Magazine) reports that the registrar of voters in California has confirmed that all the authors of this report are registered Democrats.

Peace Not In Sight

Saturday, October 21st, 2000

“Have no mercy on the Jews, no matter where they are, in any country. Fight them, wherever you are. Wherever you meet them, kill them…We will not give up a single grain of soil of Palestine, from Haifa, and Jaffa, and Acre, and Mulabbas [Petah Tikva] and Salamah, and Majdal [Ashkelon], and all the land, and Gaza, and the West Bank…” — Dr. Ahmad Abu Halabiya, Fatwa Council, on Palestinian Authority Television, October 14, 2000. (See the Middle East Media and Research Institute.)

The irony is clear and poignant and not lost on those that have learned the history of the formation of the modern state of Israel. When the United Nations created the state of Israel in 1948, the area was divided into a Jewish and an Arab state, Jordan. The Jewish state was substantially smaller than even Israel’s pre-1967 borders. The Gaza Strip along the Mediterranean Sea was twice as large as it is now and Jerusalem was under the control of Arabs. In other words, if the Arabs had just accepted the 1948 situation, they would have had far more territory than they do now. Fifty years of strife could have been avoided.

Instead, the armies of Jordan, Syria, Iraq and Egypt, believing in the superiority of numbers, immediately attacked the fledging state. The combination of disorganization and distrust between the Arab states and the bravery of the Israeli Defense Forces allowed Israel to win its War for Independence. The borders after that Israeli victory included more of the West Bank of the Jordan River and most importantly it included Jerusalem.

In 1967, after continued border violence, the Israelis took six days to seize the Golan Heights and prevented the Syrians from lobbing artillery into Israel from the high ground bordering the Sea of Galilee. In the same six days, Israel created land buffers with Jordan and Egypt by capturing the entire West Bank and the Sinai Peninsula.

It has taken decades to reach some accommodation. Anwar Sadat realized that there was no percentage for the Egyptian people in continued belligerence with Israel and made peace. In return for this peace, Egypt received the Sinai back from Israel and Sadat was rewarded with bullets from Muslim extremists. King Hussein of Jordan, never a firebrand, also made an accommodation with Israel. Jordan’s claims to the West Bank were waived in favor of a separate Palestinian state. The idea of a separate Palestinian State, free of Jordan, gained in currency only after the 1967 War.

The key to the peace with Israel for Jordan and Egypt was that these states recognized that Israel has a rightful and permanent place in the Middle East. Once that fundamental tenet was truly accepted, peace negotiations proceeded rather quickly.

By contrast and despite the Oslo accords, Yasser Arafat and his Palestinian followers have never really accepted Israel. Vitriolic anti-Semitism in state-controlled Palestinian media is just one example of this recalcitrance. The refusal by the Palestinians to really recognize Israel is evidenced by the fact that they teach youngsters in Palestinian schools with Middle East maps showing no Israel. The true intentions of Arafat were further demonstrated by his actions following the recent Israeli peace proposal. Israeli Prime Minister Barak offered a settlement granting far more to Palestinians than any previous Israeli proposal. Arafat refused to even make a counter offer. Arafat sent Palestinian youths into the streets to confront Israeli soldiers with rocks and the occasional automatic weapon.

It is not clear whether Yasser Arafat does not have the leadership qualities necessary to persuade fellow Palestinians that peace with Israel is necessary and desirable or whether he just does not want peace. No matter how many times an American President invites Arafat to the White House, no matter how conciliatory an Israeli government is, unless Arafat grows into more than just one more street thug and gang leader, peace will prove impossible. It is the Palestinian Arabs who will suffer the most.

Administration Stumbles on Miers

There are plenty of contradictions to go around, but the White House has made a grave mistake in emphasizing the religious affiliation of Harriet Miers, the President’s nominee to fill Sandra Day O’Connor seat on the US Supreme Court. Some on the Left, like E. J. Dionne, were the ones who were challenging former nominee Judge John Roberts based on his Catholicism. Of course, the religion of a nominee ought not to be important save to fill in one’s biography in much the same way that one would list the number of children a candidate has or his or her state of birth. This last week, the Bush Administration looked desperate as it tried to shore up Conservative support for Miers by winking and saying, well you now she is an evangelical Christian. To even subtly suggest that this background directs the way she would rule on specific cases is to do the Court and Miers a disservice. Dr. James Dobson is a Christian Conservative who leads the Colorado-based Focus on the Family ministry. He was apparently briefed by Presidential adviser Karl Rove on Miers and was quoted as saying, he was satisfied with Miers and he knew things about Miers “that I probably shouldn’t know.” Whatever information about Miers was provided, the press and Democrats jumped to the conclusion that Dobson was given private assurances about Miers based on her religiosity. Under normal circumstances, it would have been more difficult to make such inferences. In the absence of common knowledge about Miers, extrapolation on small amounts of information ought to have been expected by the White House. When Democrats, not so discretely, asked whether Judge John Roberts’ Catholic faith would make it difficult for him to be impartial in his rulings, the Right was properly indignant. When the White House emphasized Miers’ religiosity, it ceded moral high ground to some who are frankly irreligious or even anti-religious. How is possible to be consistent and now go back and criticize Senator Richard Durbin or Christopher Hitchens who tried to erect, however indirectly, a religious test for office. The White House really knows better than this, but was cornered into a precarious political position by nominating someone with no judicial record and little in writing to indicate her judicial philosophy. President Bush may have correctly intuited Ms. Miers’ judicial philosophy through years of close association, but surely there are others who with a similar judicial predisposition for whom a clearer record exists. Surely, there was someone else Conservatives could have united around rather than fought over. When Judge John Roberts testified before the Senate Judiciary Committee, there was a little unseemly vicarious pleasure to be derived by watching Roberts’ extensive learning and quick legal mind deftly slice up the pretentious arguments of Senate Democrats. The Democrats embarrassed themselves when they read prepared questions and stumbled as they tried to parry Roberts’ responses. Roberts casually and systematically demonstrated his extensive and superior understanding of Constitutional law. After Roberts’ performance, there is now a fear on the part of Conservatives that Miers may prove an embarrassment. She may be an accomplished attorney and even an excellent White House counsel, but this does not mean she has an adequate depth of knowledge in Constitutional law. Without a lifetime of study, it is difficult to call quickly to mind and comment critically on obscure legal precedents. Nominees are in part measured against expectations and perhaps this will save Miers. If Miers manages to acquit herself well at the Senate Judiciary Committee hearings, if she exceeds common expectations, she may erase the embarrassment of Conservatives and finally garner more unqualified support.