Libertarians vs. Rand Paul

Thursday, July 1, 2010 \PM\.\Thu\.

A couple of months back Republican Senate candidate Rand Paul stirred up a hornets’ nest of controversy when he (briefly) indicated his opposition to Title II of the Civil Rights Act of 1964, which banned racial discrimination in “public accommodations” like restaurants and hotels. The controversy was notable not only for its utterly irrelevance to any current political issue, but also for the fact that even many libertarians distanced themselves from Paul’s position. I was out of the country at the time and so didn’t get a chance to comment, but libertarian think tank the Cato Institute recently published a libertarian defense of Title II and other civil rights legislation, which got me thinking about the issue again.

Defenders of Paul’s position (and there were a few) typically made one of two arguments; one based on an appeal to principle; one based on free market economics. The first argument is the straightforwardly libertarian one that individuals have the right to dispose of their property as they see fit, and while we might not like it if a business owner refuses to serve members of a particular racial group, it is still wrong to violate his property rights by telling him he can’t do so. I don’t have much to say about this argument, except to note how incongruously unpersuasive it is to most everyone today. Libertarianism is also criticized as being absolutist, but of course there are areas in which lots of people are willing to be comparably absolutist in their defense of individual freedom. Had Paul said, for example, that he supported the right of neo-Nazis to march through the streets of Jewish neighborhoods waving swastikas, his views would have been in keeping with those of most of the intelligentsia. Yet displaying a similar solicitude when the subject involves commercial activity is viewed as borderline crankish. The reasons for this discrepancy are probably worth further reflection, but I won’t dwell on them here.

Perhaps sensing that the argument from principle is a surefire loser, others have contended that laws such as Title II weren’t really necessary to end private discrimination by businesses. According to this argument, any business that turned away a substantial number of potential customers would soon find itself out of business, and absent legal mandates segregation would simply collapse under its own weight (call it the ‘everyone’s money is the same color’ argument).

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The Romance of the Press

Thursday, July 1, 2010 \AM\.\Thu\.

It’s been interesting, though a bit odd, for me, watching the hand-wringing over the “death of the press” as some of the major newspapers struggle to figure out how to make their budgets work in a world in which fewer people read “dead tree” editions and advertisers can take advantage of more targeted advertising online and in specialty publications. There is, it seems, a level of reverence which many people seem to attach to “the press”, which does not seem well born out what it actually is.

Looked at historically and economically — newspapers exist as a delivery system for ads. They seek to provide stories that people want to read (whether “news”, human interest, comics, crosswords or recipes) in order to persuade people it’s worth parting with the artificially low newsstand or subscription price.

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July 4, 1826

Thursday, July 1, 2010 \AM\.\Thu\.

Thomas Jefferson and John Adams died on July 4, 1826, fifty years to the day from the adoption of the Declaration of Independence by the Continental Congress on July 4, 1776.  Jefferson died before Adams, and therefore Adams was in error when, with his last breath, he said “Thomas Jefferson survives.”  However, in a larger sense, a part of Mr. Jefferson, Mr. Adams and all the patriots who brought us our independence, will remain alive as long as Americans continue to read and remember the Declaration of Independence.

Elena Kagan: “I’m sorry-the memo which is?”

Thursday, July 1, 2010 \AM\.\Thu\.



Supreme Court nominee Elena Kagan was asked yesterday about her falsification of evidence detailed here.  Her response was a classic example of Beltway Weaselspeak:

“Did you write that memo?” Hatch asked.

“Senator, with respect,” Kagan began, “I don’t think that that’s what happened — ”

“Did you write that memo?”

“I’m sorry — the memo which is?”

“The memo that caused them to go back to the language of ‘medically necessary,’ which was the big issue to begin with — ”

“Yes, well, I’ve seen the document — ”

“But did you write it?”

“The document is certainly in my handwriting.”

Although Kagan later explained her thinking in the memo — she said she was only trying to help the medical group express its true opinion — and it was clear that she did write the memo, she looked slippery in her attempt to avoid openly admitting that she did so.  That won’t sit well with skeptical senators.

Shannen Coffin, the former Bush deputy attorney general who defended the partial birth abortion ban responds to this non-answer at National Review Online: Read the rest of this entry »