Considering Candidate Cooper
The question yet to be answered about Patrick Cooper’s legal challenge (now dismissed pending appeal) to the election of Birmingham Mayor Larry Langford has to do with how much damage Cooper has done to his own political future. The Parlor has heard many people including Cooper supporters say that Cooper did himself no favors by pursuing the matter. An elections lawyer epitomized this sentiment when he said about the challenge, “Legally it’s bad, and politically it’s worse.”
Cooper could have been remembered for finishing a strong second in a ten person field (and there is little shame to losing to a candidate strong enough to win a ten person field without a runoff). Now, though, he’s lost twice including in court. More and more people want to hang the “sore loser” moniker on him (his plan to appeal to the Supreme Court won’t help in that respect) , and plenty are willing to believe that he has damaged a political future that could have been bright.
I’m not so sure that Cooper has damaged himself. His actions, if recalled, will be re-evaluated in hindsight by the performance of Langford’s administration. If Langford is a disaster who leads Birmingham to crisis and bankruptcy, and/or who ends up in jail, people may remember fondly that Cooper tried to show from the beginning that Langford was no good and couldn’t be trusted. Anything short of that, it’s easy for me to imagine that Cooper’s challenge will be little remembered.
Which isn’t to say that Cooper should pursue the appeal to the Supreme Court. What’s Cooper’s rosiest scenario? Win on appeal, special election, hope that enough people unhappy with Langford turn out to deny Langford a majority, and squeak by in a run-off. (No chance, we hear, that Langford would be denied a chance to run in the special election if he qualified.) That’s a tall order, especially given that Cooper’s stock has fallen more than Langford’s since the election. Mayor Langford is already out there making people happy. If Cooper lost two elections to Langford for one race, now that would be political damage hard for voters to forget.
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What would the standard of review be for the Supreme Court? If it’s clear error, Cooper has no chance because this decision could have gone either way. If it is de novo (meaning they took at fresh look at the case), I could see the Supreme Court coming out on Cooper’s side. Looking at their past decisions regarding the definiition of “domiciled,” it’s hard to say Langford qualified. That said, there are facts on both sides and that is what eventually killed Cooper Circuit Court (I think the fact that furniture was ordered and delivered was particularly damning). The wise decision politically would probably be to drop it at this point.
As for the damage, I don’t think it will hurt him too much except with the core Langford supporters. He should hold a press conference, make a graceful speech, and pledge to do whatever he can to help Langford from hear on out.
If Artur Davis tries to go statewide in 2010, I could see Patrick Cooper running for his seat. He might also be able to run statewide for something (he might be an African American that could actually get elected). Only time will tell, but I don’t think we have heard the last from Patrick Cooper. He does not strike me as someone that is looking to go back to practicing law after this dip into politics.
Comment by ptclearer — November 27, 2007 @ 2:23 pm
Would agree now would be a good time for Cooper to appreciate the scenic beauty of Buck’s Pocket or Oak Mountain, rest and recharge. There is no way he can compete for the people’s affection with the largess that Langford can give out.
While he could spend his time afterwards being a gadfly, this can be annoying while the band plays happy songs.
Worrisome is how much it will cost the state as a whole if Birmingham nears the red zone and/or the impact if Langford is charged. The next few years will not be good ones for prosecution of felonious politicians.
Comment by walt moffett — November 27, 2007 @ 2:52 pm
Cooper could have appeal in Artur’s seat should he run for governor. However, I predict a strong push by Earl Hilliard, Jr. for that seat as he looks to avenge his daddy’s defeat.
Cooper’s best political bet will be on Birmingham’s Southside. He used to live there, and out-polled Councilor Valerie Abbott, who represents that district, by a large margin in the mayor’s race. Should Abbott continue to sputter politically, the district will be looking for a strong replacement to keep Langford in check. Cooper would be a very promising option.
However, I don’t think Cooper is interested in such a minor seat.
Comment by Anonymous — November 27, 2007 @ 3:39 pm
Thanks for the Bham News article about “Mayor Larry Langford’s campaign to beautify 23 Birmingham neighborhoods in 23 days”.
I like a Mayor who believes in the basics…
Comment by Reactionary — November 27, 2007 @ 4:02 pm
Danny, you are absolutely off your rocker for suggesting that Patrick Cooper is done politically. You need to get better information because the prevailing thought in the black community is that he is finished and should never run for office ever again.
Comment by blackdog — November 27, 2007 @ 9:06 pm
????? So what’s your point blackdog. Are you trying to say he is done or that he’s not done?
Comment by ptclearer — November 27, 2007 @ 10:20 pm
You are most welcome, Reactionary. Langford is making a splash.
Blackdog, time will tell that tale. If you think of the people who were prematurely “done politically,” can you think of any who were done in by something on this level? I have seen a lot of political resurrections…
Comment by Danny — November 28, 2007 @ 7:07 am
Cooper is going to be remembered for being a sore loser. Remember the Alabama Governor’s election in 2000? Don Siegelman didn’t contest the election and he had a much better case.
Comment by bhmhomeboy — November 28, 2007 @ 11:52 am