Are Democrats better than Republicans on personal liberty? Neither has been great on that score, but Democrats have been the bigger disappointment. When I took the medical-marijuana case to the Supreme Court in 2004, I got zero votes from the left side of the court while garnering the votes of Chief Justice William Rehnquist and Justices Clarence Thomas and Sandra Day O’Connor. And President Obama’s Justice Department has reneged on his campaign promise to refrain from going after medical-marijuana dispensaries.
Neither party wants to question the futile and destructive “war on drugs.” But Republicans have been much better on free speech in recent years. With respect to economic liberty, the Environmental Protection Agency has restricted land use throughout the nation and would do more if not stopped. Dodd-Frank has amped up restrictions on financial services.
Libertarians need to adjust their tactics to the current context. This year, their highest priority should be saving the country from fiscal ruin, arresting and reversing the enormous growth in federal power—beginning with repealing ObamaCare—and pursuing a judiciary who will actually enforce the Constitution. Which party is most likely to do these things in 2013?