With the Left Now Dominating US Courts, Law Prof Urges Liberals to Take Off the Gloves


By Rachel Alexander


Published on July 2, 2016


Left-leaning law professor Mark Tushnet recently penned the piece “Abandoning Defensive Crouch Liberal Constitutionalism,” where he revels in the left’s growing dominance of the U.S. court system and advises his fellow liberals to go on the offensive using the legal system to push through their agenda. With the death {murder} of U.S. Supreme Court Justice Antonin Scalia, he explains, “those judges no longer have to be worried about reversal by the Supreme Court if they take aggressively liberal positions.”

Scalia’s death {murder} did cause a significant {planned} shift in the balance of power, giving the left four liberals against three conservatives and one swing vote on the high court. However, liberal dominance of the U.S. legal system hasn’t been an overnight thing. The left has been gradually taking over much of the nation’s judicial system for decades.

USA Todayreported in 2013 that the number of federal judges appointed by Democratic presidents finally overtook the number appointed by Republicans — and this doesn’t even take into consideration another factor. Democratic presidents and governors are more likely to appoint partisan judges to the bench than Republicans are, a long-running discrepancy that has led to a marked imbalance of partisan Democratic judges.

Accompanying this trend has been an increase in Democrat prosecutors. The Department of Justice has steadily hired more and more left-leaning lawyers, and local prosecutors’ offices around the country also are tilting more to the left {a [perfect example of this is the Houston DA prosecuting David Daleiden and the Austin DA prosecuting George Bush and Tom DeLay}.

Combined, the two demographic changes are stacking the odds in favor of the left when it comes to the third branch of government. If the left can’t get legislation passed, or can’t get the executive branch to implement what they want, they can get it done with lawsuits and activist judges.

The Washington Postobserves, “Thanks to a wealth of recent Democratic appointments on the lower courts, letting the Supreme Court go down to eight justices would favor liberals.” More of the cases appealed to SCOTUS will be ones decided by these liberal justices, and in the case of a 4-4 deadlock, the lower court position is upheld. Democratic-appointee-dominated circuit courts cover two-thirds of the U.S. population, the paper reports. Nine circuits are now dominated by Democratic appointments and only four by Republicans.

Tushnet says the left’s “defensive-crouch constitutionalism” needs to be replaced with something that sounds like Alinsky tactics carried out in the courts {something Alinsky disciples Obama and Hillary Clinton have been pushing}.

Tushnet is so confident, he writes, “F*** Anthony Kennedy,” since with Justice Scalia’s passing {murder}, the left no longer needs to worry about the Supreme Court’s swing voter {if you have not read John Grisham’s THE PELICAN BRIEF, you should in order to understand why Justice Antonin Scalia was murdered}. Tushnet gloats, “The culture wars are over; they lost, we won.” He advises, “My own judgment is that taking a hard line (‘You lost, live with it’) is better than trying to accommodate the losers.”

Another tactic he recommends is to “aggressively exploit the ambiguities and loopholes in unfavorable precedents that aren’t worth overruling … Play the ‘sometimes’ for all its worth.”

He instructs the left to start compiling a list of SCOTUS cases they want overturned; he recommends first hitting affirmative action, campaign finance and abortion.

A Rasmussen Reports poll earlier this month found that 54 percent of likely U.S. voters believe that judges let their politics control their decisions. Tushnet apparently not only believes it, he wants more and more of it.







  • I hate to be redundant, but I’ve been saying for10 years that while we conservatives have been relaxing in our recliners, thinking everything is just fine, the Leftists have been rolling up their sleeves and getting their hands dirty in govt. That’s how we ended up with violent leftist antifas who now think that peace is not the solution, and who can violate our rights with impunity. Conservatives need to become activists NOW, even on something as small as your local school board and PTA. While we were sleeping and getting fat, they were taking over. It’s taken them 60 years, while we did next to nothing. It’s time to implement the same tactics as they have, because they WORK!

  • Christians should do all they can to stay out of the courts. The system is stacked against us. Try to fight your battles outside of court, if you can.

    • That’s what Jesus said, too.
      “Reconcile quickly with your adversary, while you are still on the way to court.”

  • So it’s time for the extreme left to implement the Final Solution of the conservatives? I’m very certain they need no stinkin’ left-leaning law professor to tell them that.








About abyssum

I am a retired Roman Catholic Bishop, Bishop Emeritus of Corpus Christi, Texas
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