This man is TEACHING the next generation of lawyers, many who will possibly enter into politics. But the very last line of his post is one that gives conservatives hope.
Harvard Law Professor Mark Tushnet could not make his hatred of conservatives any more plain. In an online blog post, titled “Abandoning Defensive Crouch Liberal Constitutionalism,” Tushnet brazenly declares victory over all conservatives and their values. “The culture wars are over; they lost, we won,” he writes.
The focal point of his blog post is about the fact that federal courts were once dominated by conservatives, and as a result, liberal policies and agendas were suppressed. Liberal lawyers had “defensive-crouch liberalism,” where they “asserted nervously” their positions, expecting retaliation by conservatives.
Now, Tushnet observes, more than half of the judges sitting on the courts of appeals were appointed by Democratic Presidents, and he’s urging his fellow liberals to take advantage of the victory by exploiting the weakness of conservatives. He gleefully acknowledges that conservative judges on the Supreme Court can no longer count on five votes, since the death of Justice Scalia.
“Liberals should be compiling lists of cases to be overruled at the first opportunity on the ground that they were wrong the day they were decided.” He writes. He gives tips and suggestions on how to treat or tolerate the “conservative losers.”
“No conservatives demonstrated any interest in trading off recognition of LGBT rights for “religious liberty” protections. Only now that they’ve lost the battle over LGBT rights, have they made those protections central – seeing them, I suppose, as a new front in the culture wars. But, again, they’ve already lost the war.”
“For liberals,” Tushnet writes, “the question now is how to deal with the losers in the culture wars. That’s mostly a question of tactics. My own judgment is that taking a hard line (‘You lost, live with it’) is better than trying to accommodate the losers.”
“Trying to be nice to the losers didn’t work well after the Civil War, nor after Brown,” he notes, whereas “taking a hard line seemed to work reasonably well in Germany and Japan after 1945.”
Take special note of the last line of the blogpost. There is still one thing this professor is fearful of:
“Of course all bets are off if Donald Trump becomes President. But if he does, constitutional doctrine is going to be the least of our worries.”
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