The Volokh Conspiracy

I am, depending on the day, a moderate libertarianish conservative, a moderate conservativish libertarian, or more vaguely a man of the center-right. But to those who are far enough right, even I can look dangerously left ....

I just do not see Gulliani as a conservative. If he is he is the type that could also be called a liberal. He is not a conservatiave Democrat even. I will not vote for him. I just can not do that. I'd rather see a Democrat win than have a "Republician" elected that will do much harm to things I care about.

Giuliani isn't conservative, but his authoritarian nature will play to some of the current Republican crowd. Of course, the fact that he's pro-choice, in favor of stem cell research, pro-gun control, divorced twice, married his second cousin, etc etc etc means the campaign has a pretty tough road to convince the GOP base to give him the nomination.

Frankly, Olson or no Olson, Giuliani would probably do better in the general election than he will in the GOP primary. Once the primary season really gets going at the GOP base finds out what Giuliani actually believes, he's in deep trouble.

Of course, Bush managed to convince people he was a 'compassionate conservative', of which he has seemed to be neither. So maybe Rudy can pull it off -- there's just so much out there already documenting his positions that it will be hard.

All Giulliani has to do is promise to only appoint conservative judges, promise not to promote gun control (including handgun control), state he believes the second amendment defines an individual right that protects handguns in addition to long guns, and promise to veto any attempted revival of the assault weapons ban or any handgun ban/registration schemes.

If Giulliani would make these statements promises he could get 100% of the conservative vote. He's already made the promise on judges, but he hasn't come anywhere near stating what he needs to on gun control. In fact quite the opposite he states he believes in handgun and gun control in general as an option mayors and states should have.

I'd love to vote for Giulliani personally, but I can't if he doesn't come around on gun control.

Says the "Dog"

Team Rudy, whose biggest weakness (from a conservative perspective) is on the judicial front.

Given Rudy's penchant for adultery, it surprises me that the judicial front is his biggest weakness in the eyes of conservatives.

Spectral Disorder, its your incorrect stereotypes of conservatives that leads you to be surprised.

That's right, SD. You actually expected conservatives to have some principles. Silly stereotype.

Giuliani says that he is pro-abortion but thinks Roe was wrongly decided. I think he may have the same view about gay rights: personally in favor but not constitutionally mandated.

As for Olsen, his wife died on 9/11. Its just possible that that might have something to do with his choice here, and it might be more than pure calculation for political gain.

The Guiliani drawback is the odd prosecutions he pushed through before he was mayor.

The AG in the eighties was Ed Meese, of course. I'd guess that he and several others would out-rank Olsen in the conservative legal circles dept.

Ted Olson became AAG-OLC under Reagan's first AG, William French Smith -- Olson's partner and mentor in the LA office of Gibson Dunn &Crutcher. That was back in the days of emerging mega-firms. (My recollection is GDC opened its DC Office in '84 to leverage Olson's and French-Smith's experience; but a GDC historian would have to weigh in.)

Edwin Meese became AG in Feb 1985, after Olson left government.

If Eugene Volokh is a "conservative" then words have lost their meaning in American politics.

As a "conservative" lawyer, I'll vote for Rudy as long as he appoints the right judges. If he does that, he dosn't have to promise anything else. All other things will fall in line, even possible gun bans (since the right judges will strike down those bans).

The Pysche that drove the Newport Securities arrests are probably something we will have to swallow as the price for developing what is to pass for "leadership" at this stage of history. But, it is some assurance for this libertarian to see my former neighbor , whom I greatly admire (he too was wrongly and for too long kept in limbo) on board for someone.

Political parties now exist as means for bringing together coalitions for power through government. Since libertarians are basically against most of such "power," they should not try to have a party, but try to be tipping weight in the coalition. I hope that is what Ted is doing. Gawd, what will our Grandchildren do for "leadership" at this rate? Learn Chinese I guess!!

This will be a big blow to McCain. During the 2006 National Lawyers Convention of the Federalist Society, Olson introduced McCain and appeared to endorse him.

Why would pro-lifers trust Guiliani to keep his promises to appoint the "right" judges? Or why would conservatives of any stripe trust Guiliani to keep his promises to reverse course on most of the policies he followed in NY? In the words of a fake campaign poster that's been bandied about the internet: "Sure I cheated on my wives, but you can trust me."

The real question is, why aren't there any prominent real Republicans in the race? I'm a small-l libertarian, which makes me only slightly less unhappy with conservative Republicans than leftist Democrats, but Guiliani, McCain, and Romney all seem like the worst of both positions - they have no respect for any rights of the people.

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