THE GREAT BUCK HOWARD is also worth seeing. Apparently it’s based loosely on the life of the Amazing Kreskin who appeared so often on Johnny Carson. This movie has the charm of and is sort of like MY FAVORITE YEAR (with Peter O’Toole), but "mentalist" Buck Howard (played with expert quirkiness by John Malkovich) is much less dashing, certainly more vain, but finally more noble and responsible than the alcoholic English actor played by O’Toole. THE GREAT BUCK HOWARD portrays its small-time hero as he would want to be portrayed--as a classy (okay, ambiguously classy) gentleman with a real talent, and, being a sort of period piece, it’s certainly not needlessly gross.

During this period of severe recession, anxiety about our futures, and uncertainty about whether President Obama is in over his pay grade, the film industry appears to be flourishing.

In addition to a very fine exhibit about Mardi Gras (invented in Mobile), there was a rather nice piece about Mobile’s role in WWII. (The short of it: they built a lot of ships down there.)

If someone from the Obama Administration were to pay the museum a visit, he’d learn that the royal road to socialism passes through total mobilization for war. But, fortunately or unfortunately, the instinctive talkiness of Obama and his krewe (they’d not be out of place throwing government checks from a Mardi Grad parade float--and the checks would be worth as much as many of the "throws" on display in the museum) precludes this approach.

He can’t build on the Iraq victory, because he has never really embraced it. The occasional statement that we can win over the reconcilables and the tribes in Afghanistan the way we did in the Anbar is lame and unconvincing. The Anbar turned only when the Sunni insurgents had grown convinced that the Americans were there to stay, and that the alternative to accommodation with the Americans, and with the Baghdad government, is a sure and widespread Sunni defeat. The Taliban are nowhere near this reckoning. If anything, the uncertain mood in Washington counsels patience on their part, with the promise of waiting out the American presence.

Mr. Obama does not have to offer the Iraq campaign post facto vindication. But as he does battle in the same wider theatre of that Greater Middle East, he will have to draw the proper lessons of the Iraq campaign. This Afghan war can’t be waged in stealth, and in silence. Half-measures will not do. This war will have to be explained -- or explained away. For it to have any chance, it will have to be claimed and owned up to even in the midst of our economic distress. It’s odd that so articulate a president has not yet found the language with which to describe this war, and the American stakes in it.

There are many good zingers in the piece, but I’ll restrict myself to two:

Leadership is needed here. Not talkership, leadership.

***

These are the two great issues, the economic crisis and our safety. In the face of them, what strikes one is the weightlessness of the Obama administration, the jumping from issue to issue and venue to venue from day to day. Isaiah Berlin famously suggested a leader is a fox or a hedgehog. The fox knows many things but the hedgehog knows one big thing. In political leadership the hedgehog has certain significant advantages, focus and clarity of vision among them. Most presidents are one or the other. So far Mr. Obama seems neither.

Read the whole thing.   

It is difficult to watch the "man on the street" interviews with Obama supporters. Usually, they are asked why they are willing to tent it for the sake of a chance to see their hero . . . what is it about this guy that has made him the hottest ticket in town? Their answers reflect incredulity at the question when they are not merely vacant. The lucky ones, decked out in their Obama gear like so many concert-goers, flashed their "tickets" before the camera with a triumphant air. A few, made suddenly conscious (if not quite embarrassed) of their fawning behavior, made pretense of coming armed with serious questions. Their questions had a common thread: i.e., "When do I get my bailout?" One guy wanted to know when he’d get medical insurance without having to have a job. One gal--a state worker now subject to furlough in bankrupt California--wanted to know whether she could get compensation from the Feds for that lost pay so she could make her mortgage.

It’s almost always a mistake to watch too much local news as it has a way of sucking you in. And this night, it did. But as I continued to watch it was near impossible to avoid making comparisons between the Orange County campers and the crowd gathered outside of the "Octomom" Nadia Suleman’s house. That crowd was hoping to get a glimpse of the just-released two of the famous eight. But this rowdy crowd had one thing over the OC Obama-maniacs: at least they were honest: "Look into the camera, honey!" shouted one star-struck (and clearly disturbed) mother when her young daughter scored an interview with the local FOX outlet.

I’m very glad not to be anywhere near Burbank this evening . . .

He spoke on originalism, his own upbringing, the Founders, earning the right to benefit from the sacrifices of previous generations, and the limited role of the courts in protecting those rights. Quoted Lincoln a few times; noted that he annually takes his law clerks to Gettysburg at the end of the term. He has a profound, dare I say Ellisonian, appreciation for the liberty and equality promised in the Declaration of Independence and secured (by fits and starts, of course) by the Constitution. He mentioned the "reality" of this promise ("the acorn of liberty" that became an "oak" thru our constitutional history, which included a civil war) for him in his youth at a time when no one could believe it would ever come to pass. Repeated this sentiment when referring to the nuns who preached this reality as he contemplated the marvel of his becoming a Supreme Court justice many years later. As Schramm would say, What a country!

He mentioned the Plessy case twice, one time with particular reference to Harlan’s lone dissent. Liked how Harlan distinguished his personal opinion (e.g., superior status of whites) from his constitutional opinion ("The Constitution knows no caste."), and cited it to exemplify his understanding of originalism cf. judicial policy-making.    

Portland, Oregon ranked pretty low on the survey--coming in at 47 among the 50. Their reaction? Well, of course! They’re depressed.

But what’s next? Referring to the Republican klavern?

The whole tawdry tale is one of litigation run amok, which I have previously discussed here and the ever-insightful Professor Rotunda had discussed more recently here. Recapping the case briefly, in an attempt to gain more than the millions in cash and gifts that she had received during his life, Anna Nicole challenged her billionaire husband's estate plan, claiming that he had made a verbal promise of half of his fortune. The jury in Texas didn't buy this story, so she shopped for a more receptive court in California, and she found one in a federal bankruptcy court. The Ninth Circuit dismissed the millions awarded by the court based upon a federal jurisdictional rule, but the Supreme Court in 2006 reversed, saying that the federal court could consider the merits of the case. Contrary to Stern's failed petition, which suggests that he is now entitled to the judgment, his case looks grim. For when the Ninth Circuit looks at the merits, they will be obliged to apply Texas law and to respect the final decision of the Texas probate court. That court was crystal clear:

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED by the Court that J. HOWARD MARSHALL II did not intend to give and did not give to VICKIE LYNN MARSHALL, A/K/A ANNA NICOLE SMITH, a gift or bequest from the Estate of J. HOWARD MARSHALL II or from the J. Howard Marshall, II, Living Trust either prior to or upon his death.

Cross Posted on The Foundry.

Given this new nomination, Quin Hillyer’s article in the DC Examiner is particularly timely, and worth a read. The article features advice offered to Obama by Clinton administration Acting Solicitor General Walter Dellinger, National Journal columnist Stuart Taylor, and law prof and Volokh Conspiracist Jonathan Adler at an event hosted by The Heritage Foundation. (The fact that I am deputy director of the Legal Center there is surely a coincidence.) Despite their different political and jurisprudential philosophies, Quin notes that all three panelists agreed that Obama should follow President Bush’s lead by renominating several of his predecessors blocked judicial nominees, and they likewise agreed that DC Circuit nominee Peter Keisler would be a good choice. There are more details, including Dellinger’s take on how the judicial issue cuts politically (better for conservatives), so you should read the whole thing. Of course, the question is whether Obama will entertain any of this advice, or whether we will see in President Obama an executive version of the liberal and doctrinaire Senator Obama, who voted for judicial filibusters and against Chief Justice Roberts and Justice Alito.   

UPDATE: Also worth reading is this interview with Hugh Hewitt and Consumer Product Safety Commission Chair, Nancy Nord.

Yesterday (5 minutes ago) was the birthday of James Madison--maybe the deepest and least manly (in the good and bad senses of self-displaying) of our great Founders.

Ben and I took Clarence to D.C. last week, Ben to work, me to lounge around. Got everything accomplished. The best part of the trip was dinner with two-dozen Ashbrooks now in the capital. One of them introduced himself as a former Ashbrook to a stranger and I corrected him. There are no former good things. Once in it, then you are in it, because we live in deeds and thoughts and feelings, not in time counted. These Ashbrooks live well and nobly for they think and act and feel the best. What a great pleasure to be with them at dinner and before and now. They made fun of my Clarence and I made fun of their virtues, and I count myself happy remembering friends and students. On the drive home the ear bounced between Fats Waller and Rush.