Posted by Orin Kerr:
Memo to Political Commentators for the Next Four Years:

   With a switch from Republican to Democratic control of the White House
   a few weeks away, I thought I would remind political commentators of
   the new ground rules.
   1) Republicans Must Now Oppose Executive Power; Democrats Must Be In
   Favor Of It. In the last few years, Republicans have been the
   defenders of executive power: A muscular executive has been needed to
   fight the war on terror. On the other hand, Democrats have opposed a
   strong executive on the ground that it threatens the rule of law.
   Please note that these arguments must now switch. Republicans must now
   talk of the dangers of executive power; Democrats must now speak of
   how a strong and agile executive branch is necessary to a modern
   2) Republicans Must Now Oppose Judicial Confirmations; Democrats Must
   Be In Favor. In the last few years, Republicans wanted an up-or-down
   vote on judicial nominees; one of their leading blogs on the judicial
   confirmations was [1] On the other hand, Democrats
   focused on the importance of carefully evaluating judicial candidates.
   Please note that these arguments must now switch, too. Republicans
   should now visit [2] (still an available domain name,
   btw -- won't be for long!), and Democrats should emphasize the need
   for a quick up or down vote.
   3) Republicans Must Now Favor Legislative Oversight; Democrats Must
   Now Oppose It. You get the point by now. Yup, everyone has to switch
   sides on this one, too. If we all stick to the script, in 6 months the
   old arguments of the Bush era will be long forgotten. (Oh, and extra
   credit to those who charge the other side with hypocrisy for changing
   sides without noting that they have changed sides, too.)



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