Is There a Republican Torture Litmus Test? Nope.

Is There a Republican Torture Litmus Test? Nope.

Lawprof and LA Times columnist Rosa Brooks had a strange but interesting column last week on how torture has become the new “abortion” in U.S. presidential politics. She accuses GOP activists of making the approval of coercive interrogation techniques a litmus test akin to being against abortion. I haven’t seen much evidence of this — McCain is against it in pretty much all circumstances and I don’t think this has really helped or hurt him. He seems to be doing better these days, despite attacking Giuliani on torture.



But there is a litmus test for U.S. presidential candidates: for Democratic presidential candidates. Every single Democratic candidate is against all forms of coercive interrogation, including waterboarding, and in all circumstances. This is a real litmus test. There isn’t an inch of daylight between any of the Democratic candidates.



I don’t think the Democrats are wrong to have a litmus test. Litmus tests probably should exist for those principles that are at the core of a political party’s values. But to the extent litmus tests are supposed to be a bad thing, Brooks’ fire is wildly misdirected.

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Marty Lederman
Marty Lederman

Every single Democratic candidate is against all forms of coercive interrogation.”

What’s the evidence for this startling (and almost certainly incorrect) proposition?

Oh, and by the way, for what appears to be the standard (even if not uniform) Republican litmus test on torture, see this story.

Benjamin Davis
Benjamin Davis

From what I have seen, only one candidate, John McCain, is against torture and cruel inhuman or degrading treatment. All the rest, Democrat or Republican, are waffling and/or parsing. Of course, they are in good company given the waffling by the Senate on Mukasey and the 9th Circuit in the decision above. Does not say much good about what it is to be an American.

Best,

Ben

Greg Fox
Greg Fox

Julian –

It should be obvious that not all litmus tests are alike. It’s probably a litmus test for all candidates, Democrat and Republican, that they don’t favor suspending the constitution and instituting martial law. Not really a cause to take notice. But when all Republicans save McCain enthusiastically support waterboarding and its equivalents, that’s a cause for concern and, in my case, despair.

yave begnet

McCain has opposed Bush publicly on torture and that, along with his support for comprehensive immigration reform, is why he is running third or fourth in most polls. He failed the litmus test. If the person failing the litmus test is punished by partisan voters, that confirms that the test exists, not the opposite.

But arguably, sifting poll data from today’s fractured GOP field is little better than reading pig entrails.

Also, it seems odd that taking a position against torture is characterized as a litmus test. Is there also a Democratic litmus test against slavery or roasting babies?