I share Orin’s enthusiasm for Matthew, and just donated to the campaign, at berry2010.com. I urge you folks to do the same. Here’s Orin’s post:
My friend Matthew Berry recently announced that he is running for Congress in Northern Virginia. Specifically, he is presently running in the GOP primary in the Virginia 8th District that covers the Virginia suburbs right outside DC (Arlington, Alexandria, and Reston). The seat is presently held by Democrat Jim Moran. Matthew is the former General Counsel of the FCC, a former law clerk to Justice Thomas, and a tremendously sharp and thoughtful guy. I’m happy to support him, and I’m very glad he’s running. You can read more on the candidacy over at his website.
ruuffles says:
Yes, good luck getting out of the GOP primary as a homosexual. I will donate $1 to his general election if he manages that feat.
(to be offset by $1 to Moran’s campaign)
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March 5, 2010, 2:41 pmSteve says:
I am confident there are many more interesting things about Matthew Berry than the fact that he happens to be gay, but every comment thread about him seems to immediately fixate on that subject. Find something else to talk about.
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March 5, 2010, 2:47 pmKazinski says:
Ruffles you need to set aside your mindless prejudices, he wouldn’t be the first openly gay Republican Congressman.
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March 5, 2010, 2:51 pmDave N. says:
If I lived in that part of Virginia, I would enthusiastically support Matthew Berry. Hell, against Jim Moran, I’d support ANYONE, and I think I would even include Maxine Waters on that list.
But Berry does seem very well qualified — and as an aside, I find it odd that it is the liberals on this site who seem fixated on Berry’s sexual orientation.
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March 5, 2010, 2:53 pmKMM says:
I have known and respected Matthew for years. I can honestly say that he is one of the most intelligent people I have ever met. That being said, I’m perplexed as to why he would completely omit his tenure at the Institute for Justice from his bio. Sure, I can think of campaign reasons why he might want to do so, but in my case it backfired and makes me question his forthrightness in other areas.
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March 5, 2010, 3:07 pmSenator Christmas says:
If I may ask an honest question — does he have a chance? Moran has been there forever.
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March 5, 2010, 3:15 pmbyomtov says:
Here’s a question for Orin and Eugene.
What distinguishes Berry in your mind from a generic Republican candidate? Is it that his thinking is more independent, his views more thoughtful? Or is it just that you think he will be a more effective advocate for standard GOP positions?
The web site is more or less boilerplate on issues. I guess that’s to be expected in a primary. But I’m also curious as to whether his actual votes, should he be elected, would differ much from the party line.
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March 5, 2010, 3:17 pmOrin Kerr says:
Byomtov,
I can’t speak for Eugene, but I support Matthew because based on knowing him, I believe that he’s brilliant; that he has a genuine commitment to limited government; and that he is the kind of person who would follow his principles and not the herd.
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March 5, 2010, 3:24 pmA.S. says:
Tell the truth now — how often does he get mistaken for the ESPN guy of the same name?
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March 5, 2010, 3:32 pmsputnik says:
are there any decent republicans left?
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March 5, 2010, 3:38 pmruuffles says:
Oh wow. He came out after he voted in favor of DOMA. Just ... wow.
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March 5, 2010, 3:40 pmruuffles says:
OK Serious time guys. Where does he, Berry, stand on DOMA? Gay marriage? Don’t ask, don’t tell? If he’s no, yes, no, then I will donate $1 to the primary. Because it will be entertaining.
I did the requiste googling but all i could find was “where does he stand on ...”
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March 5, 2010, 3:44 pmmilo says:
The Talented Mr. Roto will be in Congress? He has killed my fantasy teams for years, might as well let him wreak havoc on my real life as well.
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March 5, 2010, 3:56 pmOrin Kerr says:
ruufles:
I don’t think I know you, ruufles, but I do not think the word “serious” means what you think it means.
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March 5, 2010, 4:04 pmEugene Volokh says:
My view is exactly the same as Orin’s.
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March 5, 2010, 4:06 pmsubpatre says:
byomtov asks:
Here’s a question for Orin and Eugene. What distinguishes Berry in your mind from a generic Republican candidate? . . . The web site is more or less boilerplate on issues.
Good grief! What alternate universe are you viewing his website from?
You think that is “boilerplate”?
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March 5, 2010, 5:32 pmU.Va. Grad says:
Is this a percentage cap or an amount cap?
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March 5, 2010, 5:39 pmtroll_dc2 says:
Berry may or may not be a good candidate, but I do not see his getting the Republican nomination because of his sexual orientation. Republicans in Virginia are like that. See this Washington Post article concerning a letter from the new attorney general, Ken Cuccinelli.
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March 5, 2010, 5:52 pmArthur Kirkland says:
It isn’t Ruffles’ mindless prejudice Mr. Berry needs to worry about. Conservatives’ mindless prejudice is his problem. The libertarian-liberal alliance tolerates Mr. Berry. His ideological cohorts, however, do not.
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March 5, 2010, 5:57 pmArthur Kirkland says:
I generally enjoy Mr. Roto’s work, and find it helpful.
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March 5, 2010, 5:59 pmDave N. says:
Arthur Kirkland,
I respectfully disagree. It is ruufles who has decided that there is an orthodox position for gays to have on issues — and that perhaps Berry isn’t “authentic” unless he agrees with ruufles on the issues.
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March 5, 2010, 6:08 pmDoc Merlin says:
“former law clerk to Justice Thomas”
That alone is a lot to recommend him.
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March 5, 2010, 6:11 pmtroll_dc2 says:
Dave N., what do you think that Berry would say if he were asked whether he would support the enactment of the Employment Non-Discrimination Act? What do you think he would say if asked whether he would support the repeal of DOMA or Don’t Ask Don’t Tell? Do you agree that these are legitimate questions for him?
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March 5, 2010, 6:36 pmAl says:
Where does he, Berry, stand on DOMA? Gay marriage? Don’t ask, don’t tell? If he’s no, yes, no, then I will donate $1 to the primary. Because it will be entertaining.
ruuffles, I know you don’t like to let actual facts get in the way of your prejudices but, according to a 2009 Gallup poll, 58% of Republicans support allowing gays to serve openly in the military. I would suspect that the figure for Republicans in northern VA would be at least as high.
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March 5, 2010, 6:39 pmtroll_dc2 says:
I came across this interview with Berry. You could not tell from it that he is a homosexual. But you might come away from it with the belief that he is an ideologue.
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March 5, 2010, 6:45 pmgab says:
Better tell David Dreier.
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March 5, 2010, 6:51 pmIlya Somin says:
FWIW, in this instance I have exactly the same view as Orin, and that doesn’t happen every day.
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March 5, 2010, 7:08 pmlgm says:
I looked at his web site, spot checking under “energy”. What a weasel! Doesn’t mention global warming, but insists we do nothing about it. That might be OK if he didn’t believe what climate scientists say, but . . .
In other words, he believes, or wants to act on, only the Republican Conservative things climate scientists say.
An intellectually honest politician, is that too much to ask for?
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March 5, 2010, 8:06 pmDavid Nieporent says:
Tell you what — why don’t you try some intellectually honest commenting first, and then we’ll see how that goes?
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March 5, 2010, 9:03 pmsputnik says:
In other words typical RW tribal ideologue when the science and facts take the second place to agenda....
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March 5, 2010, 9:06 pmbyomtov says:
subpatre,
Yes, the vast bulk of his comments on health care reform are pure GOP boilerplate. That he has some specifics on malpractice doesn’t change that. Consider:
Jim Moran voted no, choosing to stand with trial lawyers instead of doctors and patients.
And here I thought it was patients who hired the trial lawyers to begin with.
In general, looking at the site’s stated positions on economic matters in general, I find it hard to distinguish Berry from “generic Republican,” of whom I have a low opinion.
I’m prepared to believe, as I suggested above, that all this is necessary pandering and that Berry is smart enough, based on Orin and Eugene’s enthusiasm, to know that a lot of it is utter BS. But it’s still boilerplate.
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March 5, 2010, 9:21 pmCornellian says:
Reform medical . . . limit contingency fees charged by attorneys, mandate sanctions for attorneys that file frivolous lawsuits, and strengthen qualification standards for expert witnesses. We should also explore the creation of health courts where medical liability cases would be heard by specially trained expert judges.”
None of which will do anything since frivolous med/mal lawsuits are almost always filed in state court, not federal court. Of course, if he’s advocating that Congress impose such requirements on state court lawsuits, it will be interesting to see whether there are any principled federalists left in the Republican party who will come out against that.
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March 5, 2010, 9:49 pmsmitty says:
Berry’s sexuality is of no consequence.
Living in VA-8, what matters is:
a) his understanding of the Constitution, and
b) his capacity to unseat the incumbent.
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March 5, 2010, 11:34 pmOrin Kerr says:
Ilya writes:
I would guess it happens pretty often when it comes to policy, actually. My sense is that we part ways more in our approach to constitutional law; my view of good policy and what the constitution means don’t have a lot in common.
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March 6, 2010, 12:11 amShelby says:
my view of good policy and what the constitution means don’t have a lot in common
Quite possibly I’m projecting, but I take this to restate (probably better) my own position, that the constitution allows all kinds of things that are probably a terrible idea. And possibly it prohibits a few that would be a good idea, but I’m less certain about this.
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March 6, 2010, 1:30 amastonerii says:
The only question I would have is his position on gay marriage, if he would support federal legislation for or against, or if he would march one either side at a state level referendum if one ever came up.
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March 6, 2010, 1:55 amJamesofEngland says:
IGM,
“I looked at his web site, spot checking under “energy”. What a weasel! Doesn’t mention global warming”
In a short document he talks about changes in temperature linked to carbon emissions and advocates building power plants without carbon emissions.
“but insists we do nothing about it.”
Apparently your “spot check” was very spotty indeed. He outlines 4 policies at the end of the document, 2 of which are carbon reducing. If supporting nuclear and wind through other means than Cap and Trade means “doing nothing” and not being “intellectually honest”, then Sputnik’s response that this is a tribal matter seems quite on point, albeit not with his intended meaning.
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March 6, 2010, 2:15 amStranger says:
I am not worried about Mr. Berry’s sexual orientation. I am concerned about his stance on more important matters. His statement of support for Second Amendment matters — “I support the Heller decision” — is thin to the point of being none. His Z rated opponent, Jim Moran, “supports the Heller decision.”
Berry’s enthusiastic support for broadband is well enough — but beyond a limited point broadband becomes an entertainment medium rather than an economic engine. A good long talk with a businessperson might help define our concerns.
In fact, a good rewrite of his entire campaign site to eliminate both the weaseling and the “elect me and I will” language is very much in order. If elected, Mr. Berry will be one Congressman among 420. “I will seek out and join with others to” do such and so would be much more convincing.
And many of us have had more than enough of campaign obfuscation. Berry’s web site has far too much of it.
Stranger
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March 6, 2010, 3:24 amDoctor in Arlington says:
Matthew Berry, you complete me. Now, if only you could unseat that idiot Moran.
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March 6, 2010, 3:39 amhiggins1990 says:
Conservative and competent is what counts, as opposed to liberal and clueless. As long as he is not a child predator, should Berry’s sexual orientation come into play? I don’t think so.
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March 6, 2010, 4:06 amMr. W says:
Someone asked if Matthew had a chance to win since Moran had “been there forever”. Matthew will win precisely because Moran has been there forever, and we have all gotten a good look at him.
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March 6, 2010, 7:16 amJeff Weimer says:
And these would not be legitimate questions for whom?
And what would be the “wrong” answer, for him?
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March 6, 2010, 7:32 amGlenn Bowen says:
“brilliant” doesn’t pay dividends in representative government, IMO– but the second part, if it’s gonna play, is reason enough to vote for the man.
I have a candidate, too:
http://www.pantanoforcongress.com/
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March 6, 2010, 8:30 amVeeshir says:
Okay, now I’m excited. I get to vote for a realio conservative.
I would say this guy has a chance.
Alexandria just elected a Republican and a conservative who vowed to vote like a Republican to town gov’t.
It’s become almost socially acceptable to not vote Dem. Just keep it to yourself and wash your hands afterward.
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March 6, 2010, 8:58 amMr. W says:
I am wondering where all the intolerant Republicans that populate liberals fever-dreams live. They’re kind of like Anthropogenic Global Warming, liberals keep telling you how bad they are, but you can’t seem to see them.
Meanwhile, the Bush haters keep flying planes into IRS offices, and shooting up the Pentagon.
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March 6, 2010, 9:24 amjzz says:
Umm, excuse me? I’m a Republican in Virginia and his sexual orientation does not bother me or even interest me. I’d vote for him and will since I live in the appropriate district.
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March 6, 2010, 9:33 amTom T. says:
Moran, unfortunately, will be there until he dies. He’s already made anti-Semitic comments, smacked around an eight-year-old whom he said was threatening him, accepted a cheap loan from a credit-card company shortly before voting in their favor on major legislation, and had a domestic-violence call against him right before his wife filed for divorce. And he still gets re-elected.
I thought he was the guy from Friends.
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March 6, 2010, 9:36 amPJens says:
Does anyone know...Is there a honest way to contribute to a political campaign without ending up on a thousand gazillion mailing lists?
If Mister Berry could assure me that I would not receive future begging letters as a result of my contribution, I would gladly send his campaign some money.
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March 6, 2010, 9:43 amCornellian says:
he has a genuine commitment to limited government
When a Republican tells you he has a genuine commitment to limited government, think of Lucy asking you to run up and kick that football.
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March 6, 2010, 10:03 amDesiderius says:
Mr. W,
“I am wondering where all the intolerant Republicans that populate liberals fever-dreams live. They’re kind of like Anthropogenic Global Warming, liberals keep telling you how bad they are, but you can’t seem to see them.”
There was a movie about that.
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March 6, 2010, 10:28 amSagar says:
Cornellian,
so, the option for limited government advocates would be to vote Dem?
(i know you didn’t say that; but in a 2 party system these are the choices we have. tell us who would be better)
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March 6, 2010, 10:36 amCornellian says:
so, the option for limited government advocates would be to vote Dem?
(i know you didn’t say that; but in a 2 party system these are the choices we have. tell us who would be better)
Don’t vote for the party, vote for the candidate and, whenever possible, vote for the candidate who has actually acted on his stated principles, rather than the candidate who has tacked the usual bullet point list of principles on his web page as a fund raising technique. Never vote for a candidate who states his principles in the most general terms imaginable “limited government!” but who can’t or won’t answer any questions about how that principle would translate into actual policies to deal with actual problems. If he can’t answer questions like that, his so-called principle will evaporate upon his first contact with a real-world problem.
And as a general rule, avoid politicians whose major qualification is being related to someone else, being rich, or being a famous athlete or actor.
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March 6, 2010, 10:49 amrpt says:
Why not simply provide for malpractice immunity?
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March 6, 2010, 10:52 amSpitzer says:
I live in VA-8, and would support Berry (or anyone else) if they could defeat Moran. Unfortunately, VA-8 is the gerrymandered “D” core of northern Virginia, designed to ensure that the D wins the district handily while VA-10 and VA-11 (which also encompass large portions of NoVA) are competitive (actually, VA-10 is strongly GOP most years, while VA-10 is a swing district). Point being that I dislike Moran for many reasons (PMA corrupt, anti-semite child abuser whose lifetime of public service has somehow netted him a mansion overlooking the Potomac, and who is currently holding up some critical highway money for his own district because he is not pleased with the DoD’s decisions on the Fort Belvoir BRAC), but I would be shocked if he is defeated by any means other than the Democratic primary.
But who knows, maybe this is the year, and maybe Berry is the guy? I just hope that we don’t lose sight of the more important targets in VA this year — VA 7, VA 2, and VA 10 (yes, Gerry, we’re coming for you!).
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March 6, 2010, 11:10 amArthur Kirkland says:
The issue isn’t the positions (orthodox or otherwise) that gays have on issues; it’s the positions that Republicans and conservatives have on issues, especially issues involving gays.
I am tempted to believe this was a sarcastic comment, because it is difficult to believe for several reasons that any Republican or conservative would legitimately invite the answer to this question, but . . . bigots are welcome and prominent among Republican and conservatives in every state of the union, from South Carolina to Colorado, Oklahoma to North Carolina, Hawaii to Illinois, Iowa to Pennsylvania,
Indiana to . . . well, everywhere, to the point at which it is nationwide.
Cautionary note: That’s just the intolerance of Republican bigots involving homosexuals.
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March 6, 2010, 12:24 pmDavid Sucher says:
I just wish smart guys like that had actually held a job. The ivory cocoon of law school, Supreme Court, FCC and so on suggests lack of real world experience.
Furthermore, don’t you folks getting a little cozy about partisan office? All you seem to say about these guys is that they are fine, thoughtful, terrific pals etc etc.
Actually the way I re-read them is that they sound like hacks and as if you have an obligation to give some pay-back and the guy is actually a nonentity. “Damning with faint praise.”
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March 6, 2010, 12:37 pmAndy Bolen says:
So, he doesn’t say anything about abortion or same-sex marriage. Should I assume he’s pro-choice and pro-ssm, then? (I know he’s gay; I could care less about that; plenty of gay folks support traditional marriage.)
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March 6, 2010, 1:24 pmSteph says:
What those are not incompatable, you might think that gay folks have a right to live in peace but society has a right to regulate marage.
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March 6, 2010, 1:59 pmHow convenient says:
So you can demonstrate someone is a bigot by defining anyone who disagrees with your position on an issue as a bigot? Why didn’t I think of that! Our society has come a long way when today’s equivalent of a lynching-loving Klansmen is a person who believes marriage means the same thing it has meant for thousands of years.
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March 6, 2010, 2:57 pmCornellian says:
Our society has come a long way when today’s equivalent of a lynching-loving Klansmen is a person who believes marriage means the same thing it has meant for thousands of years.
A person who believes that marriage “means the same thing it has meant for thousands of years” is someone who knows nothing about the history of marriage.
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March 6, 2010, 5:38 pm1040 says:
I, for one, have always mourned the fading away of droit de seigneur.
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March 6, 2010, 9:03 pmTim McDonald says:
Never mind his sexual orientation, he is a LAWYER fer chrissakes, vote for the Democrat! Or is Moran a lawyer too?
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March 6, 2010, 9:34 pmAnonymous says:
I don’t know how effective this appeal’s been with others (especially judging by the threads’ spectacular comments), but you managed to sell at least one reader/intermittent commenter on contributing $50. (I posted anonymously so as not to further distract from other substance in this post/comments.) Here’s hoping things look up for Berry; if a further contribution ends up looking more than merely symbolic (entirely possible this year), I’ll throw in at least another $50. (Please keep us posted on the race.) Cheers!
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March 6, 2010, 11:01 pmCato The Elder says:
Brilliant strategy. After all, it’s not as if all those free-thinking Congressional Democrats are trying to foist a facsimile of Massachusetts’ failed health-care program on a party-line vote, at this very moment, because pundits are telling them it’s the “progressive thing to do.” And no doubt they pondered long and deep over the legislation’s text to come to their votes — philosophers all! I couldn’t care less if my candidate was Ronald McDonald in stockings as long as he wearing a GOP pin and there’s only one party that dares approximate my principles on a national level. Even Matt Yglesias understands this.
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March 7, 2010, 12:38 amMoe Lane » ‘Most Ethical Congress in History.’ Man, that *never* gets old. says:
[...] two people on the GOP ready to replace him: Matthew Berry, who just picked up the uber-critical Volokh Conspiracy endorsement (via Instapundit); and Patrick Murray, who I just missed interviewing at CPAC. I would say that [...]
‘Most Ethical Congress in History.’ Man, that *never* gets old. | Moe_Lane's blog says:
[...] two people on the GOP ready to replace him: Matthew Berry, who just picked up the uber-critical Volokh Conspiracy endorsement (via Instapundit); and Patrick Murray, who I just missed interviewing at CPAC. I would say that [...]
Widmerpool says:
Too bad Berry didn’t run in the Democratic primary, then ruufles could comment: “Yes, good luck getting out of the Dem primary as a white male. . . .”
Is that the stench of identity politics? In the immortal words of Lieutenant-Colonel Bill Kilgore, “It smells like, smells like . . . well, it just smells.”
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March 8, 2010, 9:45 amChristy Clinton says:
In response, I posit this:
‘I don’t believe what so-called climate scientists are saying, because I believe they exaggerate to make their point and skew information to favor their position, rather than merely stating facts. Considering that, if the climate scientists are saying that cap-and-trade will only lower global temperature by 1/10th of 1 degree F in the next 40 years, then that would be their best case scenario. That hardly makes it worth all the suffering that I believe cap-and-trade would cause.’
That thought process could explain why he uses data that he doesn’t believe in to support his position.
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March 8, 2010, 3:12 pmHottac38 says:
Just a few simple minded comments from a laymen. Having known Berry for a short time, but on a personal level, I can confirm he is not against traditional marriage under civil guidelines. I can also confirm he is pro-life.
After attending a Tea Party meeting in Alexandria where Berry and his Republican opponent squared off, I noted one question in particular that somewhat troubled me. My guess it was probably by a opponent campaign enthusiast.
The question referenced his standing on DADT, and gay marriage.
After hearing his response, I was impressed to note he did not peander to either side on the issue. He remained somewhat neutral.
I was left with the impression that his words subtly cautioned on legislating morality and personal freedoms like socialists, and communist nations have done for decades prior.
He appeared to reflect a old fashioned sense of love for the liberties that are presented to each American at birth. The simple fact that they are fought for daily on battlefields all over the globe.
In closing he finished with a statement about states right to govern themselves. To decide for themselves how they will address issues of morality.
He seemed to get the basics right.....
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May 6, 2010, 3:39 pm