Obama @ Harvard
Today's NY Times has a fascinating story about Barack Obama's days at Harvard Law School, and especially his selection and tenure as the first African-American President of the Harvard Law Review. This could be a good opportunity to play "six degrees of Barack Obama" and point out that I was a year ahead of Obama in law school, that we took a seminar together, and that the Larry Tribe law review article referenced in the Times piece for which Barack served as a research assistant lists me in the same asterisk footnote. (The article is The Curvature of Constitutional Space: What Lawyers Can Learn From Modern Physics, 103 Harv. L. Rev. 1 (1989). The footnote states, in part: "I am grateful to Rob Fisher, Michael Dorf, Kenneth Chesebro, Gene Sperling, and Barack Obama for their analytic and research assistance . . . ." Yes, that Gene Sperling, who later became President Clinton's National Economic Adviser.) I could point all that out, but I won't.
Instead, I'll note a substantive disagreement with what I take to be the main point of the Times article. It indicates that at the Harvard Law Review, Obama's management style was to listen to what everyone had to say on contentious issues, and then say something that permitted all factions to come away thinking that he agreed with them. Several people quoted in the story say that Obama's own views were never quite known. This approach may have succeeded in gaining the law review Presidency, the story says, but to capture the Presidency of the United States will require Obama to take strong positions that reward specific constituencies.
Hunh?? Wasn't the whole point of W's 2000 packaging of himself as a "compassionate conservative" precisely to send different signals to different people: moderates and perhaps even some liberals who were not paying close attention heard "compassionate" while conservatives heard "conservative?" And didn't it work in that it got him elected (sort of)? Moreover, I was struck by how similar the characterization of the opacity of Obama's views was to those of John Roberts in his days as a young lawyer. No one knew where he stood, and Roberts benefited enormously from that ambiguity during his Senate confirmation hearings. Admittedly, that's not quite the same thing as a Presidential race. A Presidential candidate cannot refuse to answer questions on the ground that they implicate decisions he'll have to make as President, in the way that Supreme Court nominees can. Still, I would have thought that the great challenge for a Presidential candidate trying to win a general election is to appeal to a broad swath of voters, to straddle tough issues even while appearing to provide strong leadership. At most, the story raises doubts about the ability of Obama to get the Democratic nomination (because primary voters are more ideologically committed), but it suggests that if he does, he'll be a formidable general election candidate.
Instead, I'll note a substantive disagreement with what I take to be the main point of the Times article. It indicates that at the Harvard Law Review, Obama's management style was to listen to what everyone had to say on contentious issues, and then say something that permitted all factions to come away thinking that he agreed with them. Several people quoted in the story say that Obama's own views were never quite known. This approach may have succeeded in gaining the law review Presidency, the story says, but to capture the Presidency of the United States will require Obama to take strong positions that reward specific constituencies.
Hunh?? Wasn't the whole point of W's 2000 packaging of himself as a "compassionate conservative" precisely to send different signals to different people: moderates and perhaps even some liberals who were not paying close attention heard "compassionate" while conservatives heard "conservative?" And didn't it work in that it got him elected (sort of)? Moreover, I was struck by how similar the characterization of the opacity of Obama's views was to those of John Roberts in his days as a young lawyer. No one knew where he stood, and Roberts benefited enormously from that ambiguity during his Senate confirmation hearings. Admittedly, that's not quite the same thing as a Presidential race. A Presidential candidate cannot refuse to answer questions on the ground that they implicate decisions he'll have to make as President, in the way that Supreme Court nominees can. Still, I would have thought that the great challenge for a Presidential candidate trying to win a general election is to appeal to a broad swath of voters, to straddle tough issues even while appearing to provide strong leadership. At most, the story raises doubts about the ability of Obama to get the Democratic nomination (because primary voters are more ideologically committed), but it suggests that if he does, he'll be a formidable general election candidate.
9 Comments:
At 2:04 PM,
egarber said…
Based on your experience with him, is the story's depiction of his "management style" accurate, leaving aside whether it's a handicap in running for president?
At 4:35 PM,
Caleb said…
The Times might still be right. If the public perception creates different hurdles for Democrats and Republicans running for President (or for Senators as opposed to governors), a plus for Bush could become a negative for Obama.
At 9:28 PM,
Michael C. Dorf said…
In response to Eric's question, I don't have any direct experience being managed by Obama; we worked together briefly as research assistants but I was a year ahead and thus wasn't "under" him. But my second-hand info from his contemporaries on the law review all confirms the Times story.
At 10:02 PM,
Luis Villa said…
Every Bill Clinton biography I've ever read describes Clinton using virtually the same words the Times used to describe Obama- 'eager to please', 'leaving everyone in the room thinking that he agreed with them', etc. Seems to have worked out OK for him.
At 11:27 PM,
Anden said…
The Times has posted an Editors' Note to the article clarifying that the quote about Obama's style being ill-suited for running the country was from Ron Klain, an advisor to presidential candidate Senator Biden.
At 3:05 PM,
pat said…
As a natural progression, if Harvard Law Review President means anything, it means that it might be considered a red carpet to the Supreme Court, not to the Presidency of the U.S.
If Obama beat out 17-18 others to become the first black President of the Harvard Law Review, why would he not be in line for the Supreme Court. Isn't that what it is all about - the attorney's attorney - as the basis of what constitutes a rule of law?
In fact, why other Supreme Court justices are not Presidents of the Law review is a little shocking, and shows them more about politics than about law.
What is the point of having law review is such a progression is not somewhat the criteria for what makes judicial excellence?
At 11:01 AM,
Burke said…
Would you say Obama earned his way into college and Harvard Law School, or is he an affirmative action product in admissions and in the classroom?
In other words, would he ever have seen the door at Harvard were he white?
His speeches don't exhibit the "brilliance" he is onten credited with having. Mostly, they're just platitudinous generalities speckled with promises to redistribute wealth.
At 12:08 PM,
Ideas and Insights said…
I think that the above commentator would consider that Obama as a black person could have rose to be the Editor of the Harvard Law Review through affirmative action is indicative of the challenge Obama is going to face winning this election.
If you said that law school politics had a play in his selection? Sure, that is possible. But I am certain that Obama was there with merit.
And his speeches exhibit brilliance, in my opinion, especially in contrast to McCain's "green room" speech.
At 9:14 PM,
James said…
Actually, for the historical record, everyone who dealt with FDR came away believing he was in complete agreement. FDR would listen attentively and nod his head, giving the impression of agreement, without saying so. Can anyone say that FDR was not an astute politician? Politics is by nature a fairly opportunistic process and an ability to signal consensus, without necessarily expressing it, may not be such a bad thing.
Post a Comment
<< Home