If you've ever gone to law school, you've had the pleasure of reading the famous torts case Palsgraf v. Long Island Railroad, which involved a woman, Mrs. Palsgraf, who was injured when some scales fell on her while standing on a railroad platform. The scales fell after a man was rushing to jump on a departing train, railroad workers were trying to aid his jump to the train, and the man dropped a package of fireworks, which then went off, and then the scales fell on poor Mrs. Palsgraf. So, dear reader, did the railroad's agents "cause" the injuries to Mrs. Palsgraf? That's the big question law students have agonized over since 1928. To be found negligent and therefore liable for the injuries, the Railroad must have "caused" the injuries. I was thinking about the thousands of tort law cases on "causation" while working on an article about Why Thune Won/Why Daschle Lost. It's not a simple matter, which is why I've enlisted your help. I recently listed 13 factors that I think were important. Here are a few more.
(14) GUNS: This is related to Daschle's ridiculous hunting ad, but deserves additional emphasis. Daschle got an "F" from the NRA while his fellow Democrat Congresswoman Stephanie Herseth had their endorsement. That contrast hurt, especially when the NRA reminded voters in the final weeks with ads about the "F." They also noted how, in the past, Daschle said he opposed all gun control. So this factor relates to Daschle's liberal votes in recent years, the "gone Washington" argument, the "say anything necessary" to win sentiment, and, once again, the chickens.
(15) HERSETH: As noted above, she didn't help Daschle. In addition to guns, she supported the flag burning amendment and the gay marriage amendment, both of which Daschle opposed, creating a contrast that didn't help Daschle. There was also a poll last summer showing that 20% of voters were also less likely to vote for Daschle because the SD delegation was all Democratic.
(15) INDIAN VOTE: While Daschle got 1,000 more votes in Shannon County, home to the Pine Ridge Indian Reservation, than Johnson did in 2002, Thune more than doubled his vote from 2002, from 248 to 564. His 6 trips to Pine Ridge helped, as his vote went from 8% in 2002 to 13% in 2004. Thune's vote in Todd County, home of Rosebud Indian Reservation, went from 19% in 2002 to 21% in 2004. While Daschle won more raw votes than 2002, Thune showed some respectable gains percentage-wise. Noting the extra votes Thune won, the AP said today "If Thune had received those 628 extra votes two years ago, he already would be a senator. Johnson defeated him by 524 votes statewide." Here's another story from the AP today about Daschle's efforts on election day in Pine Ridge, where he was hoping for 60% turnout (with the help of radio broadcasts from Hillary Clinton, Ted Kennedy, and Jesse Jackson, what one observer called a "Democratic takeover" of the airwaves). Actual turnout was 57%.
(16) BLOGS: There have been lots of emails about the impact of blogs on the race. I'll leave that up to you to judge, but I'd still like your comments on them.
(17) WADHAMS: What I also failed to mentioned earlier was the steady leadership of Thune's campaign manager Dick Wadhams, who has received enormous praise for his work.
(18) GIAGO: Denise Ross of the Rapid City Journal noted the Giago factor in one of her post-election pieces:
When Daschle met with Indian newspaper publisher and would-be Senate candidate Tim Giago in April, the Daschle campaign let Giago make all the public statements about what transpired during that meeting. By the time the two met with tribal and congressional leaders in a closed-door session Sept. 25, buzz that crossed racial lines enveloped the state. People remembered that Giago had intimated big promises from Daschle, and they didn't like being shut out of the Sept. 25 gathering. By then, the buzz drowned out Daschle's assertions that he had not promised Giago anything.
This is one of the stories, by the way, that the Argus Leader systematically ignored, but it did get some attention West River.
Again, these factors are difficult to measure and it's hard to say precisely what "caused" Thune's win, but they all seem important and worthy of discussion. Keep your thoughts coming.