Republican attorney Ben Ginsberg is helping usher Norm Coleman’s equal-protection claims to a high court (Minnesota’s), just as he did with another client, George W. Bush, and another high court (the United States’) eight years ago. Indeed, Coleman’s yet-to-be submitted brief is expected to cite Bush vs. Gore, as have his earlier briefs presented (unsuccessfully) to the state Supreme Court and the election-contest court. Maybe there’s a reason for that. In 2006, Ginsberg admitted to a law school audience:
Just like, really, with the Voting Rights Act, Republicans have some fundamental philosophical difficulties with the whole notion of Equal Protection.
I dipped into the video of Ginsberg’s hourlong talk in 2006 at Duke University School of Law, and found a few other snippets of interest.
Like Al Gore, Ginsberg was a reporter before going to law school and getting involved in politics and government (at the 6:15 mark):
My first job out of college was an internship on the Boston Globe in the summer of 1974, which was noteworthy not only for Watergate which was completely immaterial to my life, but for the summer that they started forced busing in Boston — an interesting notion of a government example of a program applied to real life. … I had red hair and so the guys who ran the Boston Globe assumed I was Irish and stuck me on the streets of South Boston to cover the riots in the neighborhoods. And that was kind of an eye-opening experience, in terms of government and people and well-intentioned programs that maybe don’t work quite exactly right. Which provided sort of an analytical tool for the rest of — I mean, I got searing memories of things from watching an experience like that take place.
About his first recount, in Indiana in 1984 (11:31):
Republicans lost that recount. The Democrats in the House of Representatives decided that they just had to have one more seat to try and put Republicans in their place. I remain convinced to this day it was a stolen election. It turned out being by four votes. It was in restrospect the event that galvanized a very sleepy Republican minority in the House of Representatives into taking a slightly more militant approach to politics in the House of Representatives. One of the people who at the time in 1984 was just a back bencher but was thoroughly outraged by all this was one Newt Gingrich, who took that feeling that Republicans in the House had and pressed it into a real change of attitude that ultimately I think led to the Republican takeover in the House in 1994.
As counsel to the National Republican Congressional Committee, Ginsberg came to Minnesota for the 1986 recount between incumbent Republican U.S. Rep. Arlan Stangeland and his DFL challenger (then unsuccessful, now U.S. Rep.) Collin Peterson (13:54):
After two years there was another recount — and recounts really do change lives — there was another recount, in Minnesota, that I participated in. Low and behold, the Minnesota senator [Rudy Boschwitz] who put a lot of people into that House recount to help his colleague was taking over as the head of the National Republican Senatorial Committee. They asked me if I wanted to do that job … so I went over to the Senate for two years.
Ginsberg on his successful 1989 interview to work for the Republican National Committee (15:25):
There is the great Lee Atwater with his feet propped up on a desk, with a book of Great Grade B Movies of Our Time that he’s reading. And he goes, “Well, I kinda know you. What I really want to know is what you think of Pia Zadora.” … So Atwater and I spent 20 minutes talking about Pia Zadora and John Waters movies.
At the time Ginsberg made this speech, the fact that courts hadn’t yet cited Bush vs. Gore as precedent was a point of pride, and proof that the ruling hadn’t done damage (39:50):
Of course Bush vs. Gore is probably the most notorious election-law cases that’s ever gone up to the (U.S.) Supreme Court. We did include equal protection as one of the core arguments in that case, and it was somewhat contentious as an issue as the justices talked about it. … At the time, people were — the commentators were very adamant that it would set a terrible precedent for the future and really did harmful things to the Supreme Court as an institution. At the end of the day, Bush vs. Gore has not been cited as precedent, or binding precedent, in any case in the four years since then. And I don’t think you can credibly make the argument that the U.S. Supreme Court has lost any of its moral force because of that case. And so George Bush became president and that indeed becomes kind of the mother of all cases.














5 Comments »
Comment posted April 21, 2009 @ 2:43 pm
If only the Republican principles Mr. Ginsberg supports were worthy of suspending free and fair elections so Republicans could win regardless of electoral totals. Of course those Republican principles – in my view mostly centered around protecting the wealth of rich citizens, and scolding everybody else for their sins – does not qualify for such a fascist approach to elections or government
He deserves to lose – on principle
Comment posted April 21, 2009 @ 11:58 pm
Ginsberg is just another shabby GOP hired gun. He’s going to lose this one.
Comment posted April 22, 2009 @ 4:45 pm
SUPREMES: do your jobs! THROW THE BUMB(s) out & MAKE EM PAY every cent they COST THIS STATE!
Why is this integrity-challenged knee jerk GOP jerk still drawing Minnesota air?
My Good heavens (LAND SAKES! as my dear departed mother used to say)…
WHY DOESN’T OUR revered State Supreme’s DEMAND that COLEMAN & HIS GOP CABAL pay in ADVANCE before his case is EVER HEARD for everything he’s cost us taxpayers with all his shenanigans ? AND FOR
KEEPING our God=fearing duly elected SENATOR from being seated AND REPRESENTING We the People who every elected servant is SUPPOSED TO BE serving)?”
THE SHAM that Coleman cares about all 4000 votes that were rejected FOR improper procedures … DIED A SLOW death long ago. START SANCTIONING THIS self-AND GOP-serving FLUNKY == CONFIRM our duly elected SENATOR — and LET’S BE DONE with this.
Coleman could care LESS about this State –he’s the GOP lap dog –
LET’S SEND them a message that PEOPLE OF MINNESOTA aren’t cow-towing OR STUPID hicks …
WE CAN INSURE we never vote REPUBLICAN again.(THAT they will take seriously)
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[...] Frank Bowden points out, this is a hypocritical Hail Mary on Team Coleman’s part, as Bogus Ben Ginsberg himself admitted back in 2006 that "Just like, really, with the Voting Rights Act, Republicans have some fundamental [...]
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