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Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

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Tuesday, April 14, 2015

Marco Rubio Is a Polished Performer, but He’s Out of Position

New York Times (Upshot)
By Nate Cohn
April 13, 2015

Marco Rubio, who announced his bid for the presidency on Monday in a call to donors, has been called the “best communicator” in the Republican Party. Over and over and over again.

But he has little to show for it.

He enters the fray with surprisingly low support. Despite four years of national prominence, he has averaged 6 percent of the vote in primary polls over the last few months. That’s the same or worse than five candidates who are thought to have a much smaller chance of winning the nomination: Ted Cruz, Rand Paul, Ben Carson, Mike Huckabee and Chris Christie. Mr. Rubio is acceptable to many but, so far, the first choice of few.

Mr. Rubio’s struggle to break through is a powerful reminder that winning a presidential primary is not just about skill as a politician. It’s about positioning, and Mr. Rubio, at the moment, is in a much worse position than many assessments of his political talent would suggest. In basketball terms, he’s boxed out.

Mr. Rubio is competing for many of the same donors and operatives as Mr. Bush. Both not only come from the same state but also from similar ideological wings of the party. Despite the initial insurgent bid against Charlie Crist that made him a Tea Party hero, Mr. Rubio has always been an establishment-oriented candidate. The reporting about Mr. Rubio’s time in Washington suggests that he has followed an elite-driven path, following all the rules, seeking the guidance of the conservative intelligentsia, and trying to lead the party toward a compromise on immigration reform — the preferred means of the establishment-business wing of the party to expand the party’s general election appeal.

Mr. Bush’s pre-emptive bid to build elite support has denied Mr. Rubio the opportunity to consolidate the center-right wing of the party. Perhaps this wouldn’t be a big problem if Mr. Rubio were a favorite of the conservatives skeptical of Mr. Bush’s candidacy, but the field is full of candidates who are equally good or better fits for many conservative voters.

Scott Walker, who took on unions and won in Wisconsin, is a conservative hero. Ted Cruz is a favorite of the Tea Party. Mike Huckabee is a favorite of evangelical Christians. Then there is a long list of other conservative candidates — like Ben Carson, Rick Santorum, Rick Perry and Bobby Jindal — who might compete for votes.

Mr. Rubio’s failed effort at immigration overhaul exemplifies the challenges he faces. He held 20 percent of the vote in primary polls at the beginning of 2013, but his standing collapsed along with immigration and has never recovered. His ill-fated effort may not be on the minds of most voters today, but he lost the support of many on the right. And in later renouncing his own reform effort, he lost credibility with much of the center-right. In the end, he was on the side of no one.

Exceptional candidates could overcome a tough starting position. They could carve a niche for themselves — voters from disparate factions would be drawn to their compelling message, while elites would recognize their potential appeal and even like them personally.

But the Republican Party is a deeply factionalized place, and that makes it much harder for a broadly appealing candidate to emerge. Mr. Rubio is not the obvious leader of any major faction of the party, and his message isn’t obviously oriented toward any wing of the party, either.

The challenge for Mr. Rubio is heightened by the first two nominating contests, Iowa and New Hampshire, which are better understood as factional winnowing contests. The Iowa caucuses are deeply conservative — 47 percent of caucus-goers in 2012 identified as “very conservative” — and even more evangelical: 57 percent identified as born again or evangelical Christians. New Hampshire, on the other hand, is among the most moderate contests in the country: 47 percent of New Hampshire primary voters were self-identified moderates four years ago. It is not surprising that a candidate with broad but shallow appeal, like Mr. Rubio, has struggled to gain a strong foothold in either state.

The easiest path for Mr. Rubio will be if Mr. Bush proves less formidable than early reports suggest. In this situation, a large number of party elites would grow skeptical of Mr. Bush’s chances in the general election, or question whether he could win the primary. They would find Mr. Walker ill-prepared or unelectable, and decide that Mr. Rubio was the best option. He would compete hard in Iowa but ultimately hope for a win in New Hampshire, where many of the party’s conservative candidates will struggle.

If Mr. Bush doesn’t falter, Mr. Rubio will need to muscle his way to victory. It’s a tougher path than if Mr. Bush did not run, but not impossible. And if you believe that Mr. Rubio is a great candidate, a great communicator and a youthful contrast to Mr. Bush, then perhaps it’s even likely.

However, Mr. Rubio has yet to prove himself an exceptional candidate. In today’s digital era, one would expect truly exceptional candidates to distinguish themselves fast. Mr. Obama, after all, already held 25 percent support according to polls by this time eight years ago. Mr. Rubio’s 6 percent pales in comparison, and it’s less than the amount held by all but one of the 13 candidates who have won their party’s nomination since 1980. The one exception, Bill Clinton, faced a weak field in a late-developing race.

Mr. Rubio is not a stealth candidate. He is well known and has had ample opportunities to earn the trust of Republican voters. He might be in third place in his own home state. At a certain point, one wonders whether he is like the first-round draft pick who doesn’t make the All-Star team after four years. His form might look perfect, but, for whatever reason, he just doesn’t perform the way many thought he might. Fans can be forgiven for continuing to hold out hope that he might break out. No one would be stunned if he ultimately did so, but maybe it’s no longer the likeliest outcome.

For more information, go to www.beverlyhillsimmigrationlaw.com

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