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Leninist Liberalism On The Bench
The American Conservative ^ | 05-07-2016 | Rod Dreher

Posted on 05/07/2016 11:03:45 AM PDT by NRx

What is to be done? Comrade Tushnet explains it all (Everett Historical/Shutterstock)

What is to be done? Comrade Tushnet explains it all (Everett Historical/Shutterstock)

“To be successful, insurrection must rely not upon conspiracy and not upon a party, but upon the advanced class.” — Lenin.

You really have to read this post by Harvard Law professor Mark Tushnet, in which he advises his fellow legal liberals to take the gloves off and hit conservatives with bare-knuckle force. Excerpts:

Several generations of law students and their teachers grew up with federal courts dominated by conservatives. Not surprisingly, they found themselves wandering in the wilderness, looking for any sign of hope. The result: Defensive-crouch constitutionalism, with every liberal position asserted nervously, its proponents looking over their shoulders for retaliation by conservatives (in its elevated forms, fear of a backlash against aggressively liberal positions).

It’s time to stop. Right now more than half of the judges sitting on the courts of appeals were appointed by Democratic presidents, and – though I wasn’t able to locate up-to-date numbers – the same appears to be true of the district courts. And, those judges no longer have to be worried about reversal by the Supreme Court if they take aggressively liberal positions. (They might be reversed, but now there’s no guarantee.) And, we shouldn’t focus on the Court’s docket this year, which was shaped by conservative justices thinking that they could count to five on a bunch of cases. The docket will look quite different if they can’t see that path to five votes when they decide which cases to review.


(Excerpt) Read more at theamericanconservative.com ...


TOPICS: Constitution/Conservatism; Government
KEYWORDS: judicialactivism; lawschools; lawyers; leftism
This really needs to be read in its entirety.
1 posted on 05/07/2016 11:03:45 AM PDT by NRx
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To: NRx

The court system is GONE in this country.


2 posted on 05/07/2016 11:05:20 AM PDT by MarvinStinson
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To: NRx

bm


3 posted on 05/07/2016 11:05:32 AM PDT by Zeneta
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To: NRx
Leninist Liberalism LEFTIST TYRANNY On The Bench

There, fixed it.

"Leninist Liberalism" is about as oxymoron as you can get.

We need to quit calling Leftist tyrants "liberals", which means "liberty", because Leftist tyranny is the antithesis of liberty.

4 posted on 05/07/2016 11:14:38 AM PDT by Jim W N
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To: NRx

BTW, the definition of tyranny is the whimsical and autocratic rule of man, like the Obama Administration. Since legally America is ruled by the Supreme Law of the Land, the U.S. Constitution, and not the rule of man, unconstitutional acts of the feds including unconstitutional federal court decisions are by definition acts of tyranny.


5 posted on 05/07/2016 11:19:40 AM PDT by Jim W N
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To: NRx
Harvard Law professor Mark Tushnet ...

_______________

One of the more controversial figures in constitutional theory, he is identified with the 'critical legal studies' movement and once stated in an article that, were he asked to decide actual cases as a judge, he would seek to reach results that would "advance the cause of socialism". Wikipedia.

_______________

FWIW, the funny thing is that his daughter writes for that same journal, The American Conservative.

6 posted on 05/07/2016 11:30:09 AM PDT by x
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To: NRx

Yes, please give America the excuse to deal with you.


7 posted on 05/07/2016 11:43:46 AM PDT by Trod Upon (To be labelled "far-right" by modern journalists, one need do no more than NOT be far-left.)
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To: NRx

Tushnet is merely another in a long line of Useful Idiots employed by the likes of Lenin in promoting revolution.

No doubt he feels he’ll be one of the leaders of the New Communist State; in reality, he’ll be among the first sent to the wall.

They’re not called idiots for nothing.


8 posted on 05/07/2016 12:01:56 PM PDT by Jack Hammer
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To: Jim 0216

Instead of “liberals”, we should call them Communists, Marxists.


9 posted on 05/07/2016 12:07:15 PM PDT by Fred Hayek (The Democratic Party is now the operational arm of the CPUSA)
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To: Fred Hayek

Works for me.


10 posted on 05/07/2016 12:24:38 PM PDT by Jim W N
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To: NRx
It's probably far too late in OUR lifetimes. The problem was defined by Dr. Gary North over 50 years ago and too few listened -- or cared! The leftists/globalists have captured "THE ROBES": The academics, the judiciary and even the clergy. Cleaning them out -- if we started today -- will take more than a generation! We MUST start in the government indoctrination centers, erroneously called "schools".
 photo GOVERNMENT SCHOOLS_zpscwfwdqsc.jpg

This is a crisis we'd better get a handle on before it's too late -- if it isn't already!


11 posted on 05/07/2016 12:27:25 PM PDT by Dick Bachert (This entire "administration" has been a series of Reischstag Fires. We know how that turned out!)
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To: NRx
It's probably far too late in OUR lifetimes. The problem was defined by Dr. Gary North over 50 years ago and too few listened -- or cared! The leftists/globalists have captured "THE ROBES": The academics, the judiciary and even the clergy. Cleaning them out -- if we started today -- will take more than a generation! We MUST start in the government indoctrination centers, erroneously called "schools".
 photo GOVERNMENT SCHOOLS_zpscwfwdqsc.jpg

This is a crisis we'd better get a handle on before it's too late -- if it isn't already!


12 posted on 05/07/2016 12:27:43 PM PDT by Dick Bachert (This entire "administration" has been a series of Reischstag Fires. We know how that turned out!)
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To: MarvinStinson

All attempts to limit competition are crimes against liberty. Tax and regulation always should be minimized. “Public” services should be privatized whenever possible. Unions should be limited or banned outright because they create market distortions that keep the rightful winners down and elevate those who should be the losers. Inequality is virtuous. Inequality rewards usefulness. It incentivizes wealth creation, which benefits everyone because it enables job creators to emerge. Thus, all efforts to create a “more equal” society create more poverty and are morally wrong.

The market is the mechanism that ensures people get what they actually deserve. Less government, more liberty should always be the mantra of the conservative movement. If people are destined to fail, we need to let them fail. Only by doing that can we ensure that the virtuous have the liberty, incentives and resources to succeed. If we tax and punish success and reward sloth, we will have less success and more sloth.

Liberal meddling over the past 100 years has brought us nearly to ruin. The tenements, slums and poverty of the late 19th and early 20th centuries were a problem only in that they were exploited by communist demagogues to undermine the success of America. The ability of free, deserving people to become rich was, paradoxically, greater during those days than now.

The solution to all of our problems is to recreate the liberty that made us great. We also have to return to the idea that, if people are poor, it’s not our role to “do something about it.” The proper response is for poor people to do something for themselves, with their own abilities, resources and initiative.


13 posted on 05/07/2016 5:32:55 PM PDT by GodAndCountryFirst
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To: GodAndCountryFirst

Thanks for that.


14 posted on 05/08/2016 2:25:52 AM PDT by MarvinStinson
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