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Surfette blogs Law.com

Update: BusinessWeek coverage by Lauren Gard here. She's got great insight. Not sure where the 7.5 million figure comes from though -- last year Law.com got 40+ million pageviews.

Today I launched Legal Blog Watch, where I'll provide a daily round-up of insights from these seven exceptional legal bloggers.

As you'll see in my first post, "Why blogs?", I consider the Law.com Blog Network an important next step in sponsored journalism, particularly in the role bloggers can play in providing news, information and cutting-edge analysis--whether you're an attorney or not.

I joined the effort because ALM/Law.com gets it: This media company is willing to affiliate with blogs in a way that preserves the bloggers' editorial integrity. The good Professor Volokh illustrates my point in his usual inimitable fashion, and you can hear J. Craig Williams second the motion here, if you listen to his Podcast.

I will continue to update Surfette regularly.

Margaret Hassan believed dead

Al-Jazeera television announced Tuesday it received a videotape showing the slaying of a woman believed to be kidnapped aid worker Margaret Hassan, reports Reuters. The family of Mrs. Hassan--her British sisters and Iraqi husband--confirmed to the BBC they believe she was murdered.

Related posts:

More soon as Surfette updates.

WHAT WILL THE DNC DO WITH THESE OPINIONS?

Katrina vanden Heuvel

Jay Rosen

The Lemonblog

The Left Coaster

understandinglife

skallas

Updated throughout the weekend:

William Saletan

Sen. Arlen Specter (R-Pa.)

Workbench's contact list

Chris Nolan

Dave Winer

Ed Cone

Bill Clinton (hat-tip: Scripting News)

WHY DOES THE DEMOCRATIC PARTY EXIST?

The morning after the Armageddon Election, Surfette wonders: If the Democratic Party cannot beat Mr. Bush, who can it beat?

Going into Nov. 2, President George W. Bush was an incumbent primed for defeat, with plummeting approval ratings and a news cycle working seriously against his policies, from national security to the deficit.

Yet Mr. Bush won a majority of the popular vote--for the first time since 1988 (hat tip: Mudville Gazette). And Republicans have solidified their hold on Congress.

Why did Mr. Bush and the GOP win?

Surfette has some preliminary theories and wants to hear yours. But, first, some data. Here's an excerpt from the very best exit poll I've seen:

Q. What issues, if any, were most important to you in deciding how you would vote for president today?

Moral/ethical values - Bush voters: 52% Kerry voters: 26%
Jobs/economy - Bush: 18% Kerry: 47%
Terrorism/homeland security - Bush: 45% Kerry: 13%
Situation in Iraq - Bush: 11% Kerry: 21%

Why Mr. Bush won and Mr. Kerry lost

Short version: The Republican candidate won because the GOP is manned by superior strategists who have maintained their connection to the hearts and minds of their core constituency--and because they have a disciplined party. The Democratic candidate lost because the DNC has lost its gut-level connection to constituents and its ranks, completely fed-up, have begun to do their own thing or scatter to the winds.

Long version: GOP strategists fundamentally understood the priorities of Americans who live outside the Beltway and urban centers. I'm talking about the kinds of Americans I grew up with in Montana, people who won't spend $3.00 on a Starbucks latte even if they can afford it because it isn't the right thing to do--because they have other, better priorities for their hard-earned dollar, like braces for their kids or investing in their communities (c-h-u-r-c-h).

Surfette believes many of these Americans were eager for a real alternative to President Bush, hence public disapproval of the war in Iraq and his performance as commander in chief. But the Democrats blew it. Here's how:

Exhibit A: So-called moral values.
Republicans made the most of the Democrats' achilles heel--so-called moral values--and introduced a wildly successful, sweeping gay marriage ban. The ban turned out voters who supported the policy in all 11 states where it appeared on the ballot. President Bush benefited, winning 9 of these states--including Ohio, which went so far as to ban even civil unions between the same gender. Messrs Kerry and Edwards missed a huge opportunity to invoke the separation of church and state--and to proselytize a Libertarian-style privacy issue as true American patriotism. Instead, they looked like sneaky hypocrites, willing to choke out Mary Cheney's name but unwilling to stand firm for or against gay marriage. Were they neocons? Neolibs? No--old-fashioned politicians, guaranteed to turn every voter off.

Exhibit B: Terrorism/Homeland security.
The GOP play to moral values was a wound, but terrorism and homeland security were fatal for Mr. Kerry. Republicans made the most of the fact that Mr. Bush articulated a consistent military strategy and Mr. Kerry did not. That's different from tough talk, which Mr. Kerry delivered plenty: In every speech Surfette watched, Mr. Kerry promised to kill Osama Bin Laden. And watching him, you believed he'd be personally willing to do the job. However, neither Mr. Kerry nor the Democratic National Party ever communicated a specific military strategy--domestic or international--to pick up where Mr. Bush and the troops are now and carry the whole mess across the finish line. People who have loved ones on the front lines and/or who fear for their security at home cannot be expected to vote against one policy without having another in hand. "I will do a better job" isn't enough, no matter what the military record of the candidate, Matea Gold is right.

Exhibit C: The disillusioned and formerly Democratic Left
One of the two men I saw take the stage at April's pro-choice march, an African American minister whose name was lost in cheers from the crowd, quoted Benjamin Franklin: "We must all hang together, or we will hang separately."

Election 2004 proves it. The Left experienced a massive burst of energy and motivation in Election 2004, demonstrated nowhere better than in religious attendance (and tithing) to leading left-wing blogs such as Eschaton, Liberal Oasis, and Daily Kos. The DNC's candidate also benefited from extraordinary mass media outreach to voters by the Michael Moores and Eminems and Oprahs.

Yet the DNC wasn't able to muster an effective strategy for connecting to voters--the pulse was missing. And it showed. Blogger Teresa Nielsen Hayden distills one such problem here (hat tip: Body and Soul). Anyone who's been watching the left since Dr. Howard Dean left the presidential race can see of the Left's many fissures by looking at these old posts on AriannaOnline. Divisive, yes, but no more so than the Green, black, Latino, Asian, and pro-choice lobbies can be. Case en pointe: half of the silent majority who support legal abortion are men, but the nation's most powerful Planned Parenthood outpost sells this t-shirt: Ppggshirt

When and how can the Democratic Party coalesce and begin winning again?

Surfette doesn't think it's an exaggeration to say that the Democratic Party must rationalize its existence on Nov. 3 and beyond -- to Dean supporters who questioned Mr. Kerry from the very beginning, as well as to the boomer lefties who gave the DNC $2,000 to defeat the ailing Bush administration and are now wondering what happened.

The answers are out there--so are imminent challenges. For starters, here is some recommended reading from people who are willing to reach outside the proverbial blue box:

Seeing the Forest - Dave Johnson recommends moving DNC headquarters outside the Beltway, tapping Howard Dean and changing minds. His coblogger, Thomas Leavitt, recommends a left-coast republic.

Nicholas Kristof - Recommends fighting the yuppification of the Democratic Party and appealing to middle America by talking about both kinds of values--economic and faith.

DailyKos - Here's what we should learn from "the future of our party."

(Update as of 11/4: Surfette keeps finding great articles on this topic, and adding to this reading list. All suggestions welcome!)

Surfette also recommends reading the left's critics. And I don't mean self-promoters like him or her. I mean the articulate passionate right, voices motivated by their genuine commitment to God, America and their families. Begin by reading one of the best all-around conservative blogs, INDC Journal, on why the Democrats lost and what some people in the media still don't understand about it. Then move on to La Shawn Barber's Corner and Mudville Gazette.

Next steps

Surfette will be at Bloggercon this weekend, and promises to report back on this issue in particular. Until then, I welcome your thoughts on any of the above, as well as the dramatic need for a policy-oriented, critical press that I have mentioned before.

FOUR MORE YEARS

President George W. Bush is now delivering his acceptance speech for a second term. He just thanked "the architect, Karl Rove" and thanked Mr. Rove for leading the Republican Party to victory.

"Because we have done the hard work we are beginning the season of hope." Then Mr. Bush promised better schools, shored-up Social Security.

"We will help the emerging democracies of Iraq and Afghanistan. And then our servicemen and women will come home, with the honor they have earned..."

"So today I want to speak to every person who voted for my opponent. To make this nation stronger and better I will need your support. And I will earn it....A new term is a new opportunity to reach out the whole nation. We have one country and one constitution that binds us. And when we work together, there is no limit to the greatness of America..."

...God Bless America."

JOHN KERRY CONCEDES ELECTION 2004 TO PRESIDENT BUSH

Turn on your radios and televisions: Sen. Kerry is speaking after a rousing stump speech from Sen. John Edwards that we may hear again. Ohio was decisive in their defeat.

Mr. Kerry just began: "I'm sorry that we got here a little bit late and a little bit short..."

Mr. Kerry then said he had conceded the election to President Bush and the two men had discussion the essential need for unity in this country.

"In America's it's vital that every vote count. And every vote be counted. ...I would not give up this fight if there was a chance that we would prevail. But now it is clear that even if all of the provisional votes were counted we would not win this election."

Then he said, his voice breaking, "I wish I could just wrap you up in my arms all across this nation. I thank you from the bottom of my heart."

A man from the crowd cried, "We've still got your back!"

Sen. Kerry laughed and said, "And I think you know that I've still got yours."


GROUND ZERO: CUYAHOGA COUNTY

Here.


Update: Given how late people were voting, I think it'll be hours, at least, before we know...

FOUR MORE YEARS: GOP CONGRESS

Quad-City Times Newspaper Online reports,

"Incoming Sens. Tom Coburn of Oklahoma, Jim DeMint of South Carolina and Richard Burr of North Carolina were all outspoken conservatives in the House. Their presence in the Senate could help dissolve that chamber's reluctance to adopt House bills on abortion and gay marriage and making Bush administration tax cuts permanent..."

WHOOPS--MAKE THAT BUSH IN OH?

The LA Times updates.

"Partial returns showed Bush with a narrow lead in Ohio — and polls were being held open late to accommodate long lines of voters; Kerry with a wider margin in Pennsylvania, and Bush leading in Florida, although there were no significant returns from heavily Democratic precincts in Miami-Dade and Broward counties."

Surfette white knuckles her beer...her sources say there are lines in Columbus, home of Ohio State.

KERRY IN OH, PA - BUSH IN FLA?

The Los Angeles Times reports:

Partial returns showed Kerry with a narrow lead in Ohio, a wider margin in Pennsylvania, and trailing in Florida. All drew the heaviest attention from the candidates in the closing days of the campaign, and each has been seen as among the most crucial in assembling the 270 electoral votes needed to win the presidency.

Free registration required except for the LA Times' homepage, which is devoted to a great, big, updating electoral map.

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