Legal Commentary

. . . Like most conservative-leaning Americans who follow politics, I resigned myself a long time ago to the fact that, given all the givens, the Democratic Party's candidate would almost certainly be elected President.  And, I told myself ("Self,  . . . ") that I would try, notwithstanding my disappointment, to react more charitably, affably, and reasonably than (I thought) some of Pres. Bush's critics had reacted after the 2004 election.

Maybe, at some point(s), I'll impose on the Prawfs community a (I hope) respectful dissent from some of the more extravagant reactions to and interpretations of this election.  For now, though -- genuinely not wanting to stir up discord when I know that many of my friends and fellow citizens are very happy -- I don't see the point in fleshing out my regrets (regrets that are, of course, not inconsistent with an appreciation for the fact that it confirms some very good things about America and its progress).  So, I'll just record my view that, given all the political givens, the election was surprisingly close, and note that tens of millions of reasonable, fair-minded, unselfish, even-keeled, no-less-committed-to-racial-and-social justice Americans (and even a few reasonably informed and intelligent law professors!) both regard Sen. McCain as a genuine American hero who has displayed during his long career in public service a bipartisan spirit and independence that Americans claim to value in politicians and believe, upon reflection and in in good faith, that President-elect Obama's victory and agenda are not, on balance and all things considered, for the best.  But . . . we'll see.  That said, best wishes to all.