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View Diary: Justice Scalia solves the contraception debate (178 comments)

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  •  I guess what I'm saying/thinking (8+ / 0-)

    is that the response should be "Well, legally, here's how the caselaw actually works..."

    Same with gay marriage. Or abortion.

    "Well, if you follow the relevant precedents, it's hard to come up with another direction, so we're going this way..."

    It would certainly shut up almost all attack on the gays, for example. The dissent in the Prop 8 case was so awful that even Maggie Gallagher herself hated it. It just seems like when people focus on dry, factual legal issues rather than political fights we win more.

    Read my stuff at burn after writing and The Huffington Post @indiemcemopants on Twitter

    by indiemcemopants on Fri Feb 10, 2012 at 08:49:37 AM PST

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    •  I think that's because (6+ / 0-)
      Recommended by:
      buddabelly, ColoTim, kyril, sfbob, Matt Z, ladelfina

      dry legal issues deal in facts whereas much of politics is specifically designed to appeal to emotion.  Things are felt before they're understood, which is something that the GOP has long been aware of and which the Democrats as a whole still have yet to figure out.  That's why we have Democrats hammering issues while Republicans hammer values.

      When I saw Markos speak on one of his early book tours, he reinforced this point saying that if voters think that you share their values, they will stick with you even if they don't agree with your stance on one issue or another because they believe that you're approaching those issues from their values perspective.  Simply saying "I'm for this issue and against this one" does not readily imply a value judgement.

      Arrrr, the laws of science be a harsh mistress. -Bender B. Rodriguez

      by democracy inaction on Fri Feb 10, 2012 at 09:22:38 AM PST

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