Category Archives: George Will

George Will, Suppressed Evidence

Stupid law

Capital punishment poses certain insurmountable barriers. The first among these is the fact that there are no mulligans (a) for executing the innocent or (b) executing people denied a fair trial for lack of competent legal representation or other equally justifiable matters. Among these last one one might include “improper jury instruction”. That’s what California’s famous or infamous Ninth Circuit did in Belmontes. Here is how George Will tells it:

>Reinhardt, writing for the 9th’s divided three-judge panel, overturned Belmontes’s death sentence because the trial judge “failed to instruct the jury that it was required to consider” what Reinhardt considered Belmontes’s “principal mitigation evidence” — his aptitude for prison life. On Monday the Supreme Court ruled 5 to 4 against the 9th.

That’s a fairly straightforward question of statute interpretation. But judicial restraint and literalism has its limits:

>Justice Anthony Kennedy, joined by Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas and Samuel Alito, argued that there was a reasonable probability that the jury weighed Belmontes’s “future potential.” Justice John Paul Stevens, joined by Justices David Souter, Ruth Bader Ginsburg and Stephen Breyer, dissented, arguing that because the trial judge never explicitly told the jury that it must consider Belmontes’s capacity to live satisfactorily in prison, there is a “reasonable likelihood” that the jury did not.

And it appears that in this particular case those limits are the ability of the five conservative justices of the SCOTUS divining the contents of a jury’s mind rather than strictly applying the law, as the minority justices and the Ninth Circuit argued. The article lampoons the Ninth and the minority justices on grounds usually reserved (by Will) for praising the majority.

Will’s entire case rests on this highlighted portion of the following:

>Belmontes’s attorney asked the trial judge to specifically instruct the jury to consider Belmontes’s ability to live acceptably in prison. Instead, the judge used California’s “catchall mitigation instruction,” which was declared constitutional in 1990. It tells a jury weighing capital punishment that it can consider many things (e.g., the use of force or violence, the defendant’s age, any extreme mental or emotional disturbance, prior felony convictions). Belmontes’s case turned on whether the jury understood one provision of the catchall instruction — to consider “[a]ny other circumstance which extenuates the gravity of the crime” — to include the “forward-looking” consideration that life imprisonment might be a suitable punishment.

While that may be relevant, it does not appear (from Will’s piece) that the 1990 ruling is retroactive. If it is, perhaps he ought to explain how it applies or should apply to a case that probably happened earlier. While doing that, he can also explain whether that ruling encompasses all previous rulings on jury instruction (such as the one used in the Ninth Circuit’s decision). These things we are not told.

But here’s the kicker. The difficulty of quickly or fairly implementing the death penalty ought to cause one to re-evaluate whether or not we ought to try.

>There is something grotesque about an execution a quarter of a century after a crime. But there is something repellent about the jurisprudential hairsplitting that consumes decades, defeats the conclusions of juries’ deliberations and denies society the implementation of a punishment it has endorsed.

Yes. There is something grotesque about legal rights. But until we abandon the Constitution and its myriad protections, we’re stuck with the current system.

General discussion, George Will

Open season

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Anyone care to identify this?

>But since the Bush tax cuts went into effect in 2003, the economy’s growth rate (3.5 percent) has been better than the average for the 1980s (3.1) and 1990s (3.3). Today’s unemployment rate (4.6 percent) is lower than the average for the 1990s (5.8) — lower, in fact, than the average for the past 40 years (6.0).

After you identify and defend your identification, we’ll adjust the categories–and perhaps post your explanation. So have at it.

George Will, Ignoratio Elenchi, Straw Man

Glistening man

There are two problems with the following claim in George Will’s op-ed today.

>Some will regard “State of Denial” as Katrina between hard covers, a snapshot of dysfunctional government. But it is largely just a glimpse of government, disheartening as that fact may be to those who regard government as a glistening scalpel for administering social transformation.

First, Woodward’s point is that “State of Denial” is a portrait of a particular dysfunctional government–the Bush administration. Those who regard the book that way have read it. The extreme and unwarranted conclusion–though the one that fits Will’s perpetual narrative–is one of the failure of any government. The point of the book, it seems, is an easier one for Woodward to justify: These are the costs to a government that ignores warnings of terrorist attacks, attacks nations who did not attack it without enough troops or a plan for occupation and reconstruction, wastes thousands of lives, depletes its military, drives itself into debt, ruins relations with its allies, exacerbates the root cause of terrorism and lies about it all along the way. How many administrations fit that description?

Second, who are those who claim that goverment of its very nature is a “glistening scalpel for administering social transformation”? Are these real, or are these only slightly more elegantly defined straw men?

George Will, Straw Man

Juicing

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Among the requirements for writing a paper in any of my philosophy courses, students find the following two very challenging: (1) absolutely no quoting or near verbatim paraphrasing; (2) treat the argument you object to with charity (if it’s weak, make it stronger than it is). The first rule keeps the kids from larding their papers with quotations. But it also prevents them from violating the second rule with the contextless citation: the “gotcha quote,” in other words. The “gotcha quote” is often the centerpiece of the political attack ad–“I voted for it before I voted against it.” People remembered the quote but they didn’t remember the context. The people who truck in such dishonest quote-picking out to be ashamed of themselves. Today George Will does both of those things–he lards his column with quotations maliciously selected in order to dismiss rather than seriously challenge the argument surrounding them–gotcha quotes in other words. He might as well read them aloud with that voice so often employed in the political attack ad. Here’s an example:

>The GOP, he says, courts whites “whose interests are overwhelmingly focused on tempering, if not altogether rolling back, the civil rights movement.” Please. Who favors rolling back guarantees of voting rights and equal access to public accommodations?

I don’t know George. Did Edsall give any evidence for this claim? I find it strange that you don’t offer any evidence to support your claim that no one does, especially when you cite a book about that topic. Perhaps you might have established your conclusion by demonstrating that Edsall has not offered any evidence for his claim. You could say that he tends to make wild accusations unsupported by any attempt at evidence. But you don’t say that and you don’t give any evidence that he doesn’t. Persons used to reading such books will be inclined to think that Edsall has offered evidence for his extraordinary claim. Even if they’re sympathetic to your view, they’ll realize that such things just don’t get said without reasons. Those reasons might be completely specious, but you can’t just dismiss them out of hand.

Conservative friends and fans of George Will please listen carefully. Such lazy and deceptive writing does not (1) establish the truth of the conclusions he argues for; (2) does not mean he’s wrong and (3) does not establish the truth of the opposite position (whatever that is). It only means he has wasted everyone’s time–especially yours, since you tend to agree with him and some of you look to him for supporting arguments. There’s nothing wrong with that, but we should expect better of the people who occupy the highest places in our civil discourse. You should expect better of your intellectual heroes. Juiced atheletes earn their disgrace, so should juiced writers.

Ad Hominem, George Will, Straw Man

Willful ad hominem

To add to J.’s discussion of Will’s straw liberal argument:

The absurdity of the argument becomes clearest to me in his final example:

>The current issue of the American Prospect, an impeccably progressive magazine, carries a full-page advertisement denouncing something responsible for “lies, deception, immorality, corruption, and widespread labor, human rights and environmental abuses”” and for having brought ”great hardship and despair to people and communities throughout the world.”

>What is this focus of evil in the modern world? North Korea? The Bush administration? Fox News Channel? No, it is Coca-Cola (number of servings to Americans of the company’s products each week: 2.5 billion).

So, a progressive magazine has an advertisement criticizing Coca-Cola for labor abuse, human rights abuse, and environmental abuse and Will’s response is to point out the number of coke’s served each week.

This staggers me. What possible relevance to the ad could the number of Cokes possess? Is anyone questioning whether Coke tastes good? Or that it sells well?

Will might respond that it shows the degree to which ordinary americans like the taste of coke and progressive magazines take advertisements from people who think Coca-Cola engages in various forms of injustice. True. But again, what possible relevance to the ad does that have? And, even if we read Will’s comment this way, does it even show that progressives are “out of touch” with americans? That a magazine takes an advertisement from someone criticizing Coca-Cola, suggests this as much as the NYT taking an advertisement from Firefox (1 billion Microsoft Explorers bought!) suggest that the NYT is out of touch with americans. The argument, even given the kindest possible interpretation is stunningly misleading.

But then it becomes clear. As pointed out yesterday. It isn’t responding to actual arguments that Will is interested in. He only wants to portray liberals as condescending and out of touch with regular Americans and the rest of the ideological caricature that substitutes for serious criticism of liberalism in the last 20 years.

Just as in the case of Wal-Mart, Will doesn’t have any interest in responding to the actual criticisms leveled against it, but instead he engages in quasi-populist demagoguery and ad hominem argument based on the caricature of liberals as snobs and elitist. Note the wonderful ad hominem swipe at John Kerry:

>Which vexes liberals such as John Kerry. (He and his helpmeet last shopped at Wal-Mart when?)

False Dichotomy, George Will, Straw Man

Corporations Bad

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It seems George Will cannot argue for any of his libertarian-ish positions without counterposing it to the clueless, elitist, and dishonest “liberal” one. But, as we’ve noted before, the existence of the liberal straw man–not hard to find, but meaningless when you find it–does not justify the conclusions Will would like to draw. The disjunction, in other words, between dumb-ass liberal and smarty pants libertarian economist is not an exhaustive one. Between these a million possibilities. Many of them quite sensible and worthy of serious consideration. The straw man, a sign of a failed mind, is also often the sign of another fallacy–the false dichotomy. I invite the reader to the Will archive to examine the evidence for herself. So much by way of general observation. Let’s look at today’s iteration, a completely confused counter to the “liberal” arguments against Wal Mart.

>The median household income of Wal-Mart shoppers is under $40,000. Wal-Mart, the most prodigious job-creator in the history of the private sector in this galaxy, has almost as many employees (1.3 million) as the U.S. military has uniformed personnel. A McKinsey company study concluded that Wal-Mart accounted for 13 percent of the nation’s productivity gains in the second half of the 1990s, which probably made Wal-Mart about as important as the Federal Reserve in holding down inflation. By lowering consumer prices, Wal-Mart costs about 50 retail jobs among competitors for every 100 jobs Wal-Mart creates . Wal-Mart and its effects save shoppers more than $200 billion a year, dwarfing such government programs as food stamps ($28.6 billion) and the earned-income tax credit ($34.6 billion).

>People who buy their groceries from Wal-Mart — it has one-fifth of the nation’s grocery business — save at least 17 percent. But because unions are strong in many grocery stores trying to compete with Wal-Mart, unions are yanking on the Democratic Party’s leash, demanding laws to force Wal-Mart to pay wages and benefits higher than those that already are high enough to attract 77 times as many applicants than there were jobs at this store.

Everyone loves to save money at the big boxes. Even the sponsor of the failed Chicago “Big Box” ordinance. Gee, in addition to the big savings, people also like to work, especially when there are no other jobs available. But just because people are applying for jobs at Wal Mart does not make them good jobs. It does not make them jobs with reasonable benefits. It does not make them pay a living wage (where one can shop anywhere else but Wal Mart). It does not mean that Wal Mart doesn’t leach off the state welfare system (passing its big volume costs on to us!). (Sidebar–if Wal Mart can pass off its costs to the welfare system on account of its job creation and such, isn’t that an argument for state-assisted healthcare among other things? Just a thought).

As Will seems forever not to understand, the liberal argument is not: “Grrrrr. Corporations bad! Make money with blood of worker, get fat off work of little guy! Me know it all franken-democrat! Grrrrr.” There’s more inanity in today’s op-ed. Much more. Maybe tomorrow we’ll return to it.

George Will

George Will, Flip-flopper

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In the 2004 election, the very suggestion of having changed one’s mind warranted the charge of “flip-flopping.” That was singularly dumb. Changing one’s mind about bad policies is a good idea. We won’t see this, however, from the current POTUS. We’re seeing a lot of it from the 1st armored pundit brigade of 2003 [I’ll link to material later, when I find it]. Only a few of them have had the cobbles to admit having been disasterously wrong. We still think they ought to be punished–demotion seems fair enough. Since we don’t have the power to demote, however, we can point and hoot. We can also study the brain-dead nonsense used to justify the behavior of an intellectually challenged man.

So, on that note, let’s look at the silly parsing of a slightly more hawkish George Will in March of 2003:

>It is a measure of *the intellectual vertigo* into which the United Nations has plunged “the international community” that America, which is going to war to enforce Resolution 1441, is said to be doing so “in defiance of the United Nations.” The war will be followed by a presidential election in which all candidates must answer this: “Do you believe that any use of U.S. military power lacks legitimacy unless approved by France, Russia and China?” The Republican candidate has already answered. [emphasis added]

That’s a dumb question. But let’s answer it anyway. The “legitimacy” never really was the issue, now was it. The real question–the one realized by France and Germany and all of the coalition of the unwilling–was whether the war *then* was justified for the reasons put forward by the administration. “Legitimacy” is a narrow and wrong interpretation of justification, in other words. Say it was “legitimate” in some narrow legal sense. This would have raised a second question: is it a good idea? Nope. It clearly wasn’t a good idea. For 3438 or so reasons.

David Brooks, George Will

Thanks for the plug George

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Despite his strident ad-homineming and strawmanning and general nonsequituring for the Bush/Cheney 04 ticket, George Will finally swallows a bitter draught of stupid ugly reality. He writes:

>Immediately after the London plot was disrupted, a “senior administration official,” insisting on anonymity for his or her splenetic words, denied the obvious, that Kerry had a point. The official told The Weekly Standard:

>”The idea that the jihadists would all be peaceful, warm, lovable, God-fearing people if it weren’t for U.S. policies strikes me as not a valid idea. [Democrats] do not have the understanding or the commitment to take on these forces. It’s like John Kerry. The law enforcement approach doesn’t work.”

>This farrago of caricature and non sequitur makes the administration seem eager to repel all but the delusional. But perhaps such rhetoric reflects the intellectual contortions required to sustain the illusion that the war in Iraq is central to the war on terrorism, and that the war, unlike “the law enforcement approach,” does “work.”

Maybe Mr.Will should should tell his colleague David Brooks, who lampooned Kerry’s claim that terrorism was a law-enforcement problem.

False Cause, False Dichotomy, George Will, Straw Man

My way or the highway

After a brief excursus on the wonders of–get this–taxpayer funded interstate highways (what he would in other circumstances call “welfare”) George Will concludes:

>American scolds blame the IHS and the automobile for everything from obesity (fried food at every interchange) to desperate housewives (isolated in distant suburbs without sidewalks).

I’m beginning to think he just can’t help himself: every view of his must be presented against a completely ridiculous alternative. In what could have been an innocuous piece about the virtues of highways, turns out to be whiny piece about people who would suggest they aren’t an unqualified good:

>This senator who did so much to put postwar America on roads suitable to bigger, more powerful cars was Al Gore Sr. His son may consider this marriage of concrete and the internal combustion engine sinful, but Tennessee’s per capita income, which was just 70 percent of the national average in 1956, today is 90 percent.

So, Al Gore, who has foolishly and sanctimoniously suggested we might rethink our dependence on fossil fuels (an inexhaustible resource), simultaneously betrays his father, his home state, his country and reason. The only way to account for Tennessee’s prosperity–and the only way it could have happened, and thus the only way it can be maintained–is with bigger and more fuel-guzzling cars.

Even crazed environmentalists appreciate the freedom of the open road (well maintained with tax dollars), perhaps they just don’t think it should be the only way to get around.

George Will, Ignoratio Elenchi

Concision

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If ever rules should prove to difficult to manage, they should be done away with entirely:

>Thomas recognized that the likelihood of the rule of law, of principled government action, is related inversely to the number of criteria the court concocts for determining what political contribution limits are just right. What qualifies judges for this judgment, or how the First Amendment permits it, is unclear. So Thomas sensibly advocated overturning Buckley, allowing people to give, and candidates to spend, what they like, and allowing voters to sort things out. What a concept.

Justice Thomas ought to consult the previous post on interpreting the Constitution. Sometimes the 10 simple rules are not so simple. But the dumb thing about this is the suggestion that the complexity of the situation warrants (in virtue of its complexity) the simple solution of dumping the whole idea of regulating campaign finance altogether. Perhaps–and maybe I’m a communist radical–it warrants a more sensible set of rules, the kind of rules (or guidelines for rules) one would hope an independent body such as the Supreme Court of the United States might be able to concoct, as if it were their job.