October 3, 2022

"[A]fter the flurry of hard-right rulings this June, many professors had their 'own personal grieving period.'"

"But they quickly turned toward 'grappling with how we teach our students' to understand the Supreme Court’s reactionary turn.... A professor must say what the court claims it’s doing, then explain what it is actually doing, which is often something completely different. This technique can disillusion students, leading them to ask why they’re bothering to learn rules that can change at any moment.... Students confront a legal system in a crisis of legitimacy led by an extreme and arrogant court. Still, they must slog on, most gathering substantial debt as they go, pretending that 'law' is something different from politics, a higher realm of reason and rationality where the best arguments prevail.... My father, Nat Stern, retired from a 41-year career at Florida State University College of Law in May.... When I asked him why he decided to retire, he told me that he had no desire to explain the Supreme Court’s conservative revolution as the product of law and reason rather than politics and power.... 'For the bulk of my career,' he said, 'I’ve felt I could fairly explain rulings and opinions that I don’t endorse because they rested on coherent and plausible—if to me unconvincing—grounds. In recent years, though, I’ve increasingly struggled to present new holdings as the product of dispassionate legal reasoning rather than personal agendas.'"

Writes Mark Joseph Stern in "The Supreme Court Is Blowing Up Law School, Too/Inside the growing furor among professors who have had enough" (Slate). 

I got there via David Bernstein at Instapundit, who says: "We all know that left-learning lawprofs would be dancing in the streets if SCOTUS were equally aggressive to the left. And indeed, while Stern portrays discontent with the Court as a question of professional standards rather than ideology, he does not manage to find a single right-leaning professor to quote in his article."

I remember just before the 2016 election, when I was making my decision to retire.

I believed Hillary Clinton would be the next President and would fill the seat vacated by Scalia and give the Court a 5-person liberal majority. As I was teaching Constitutional Law for the last time, I noticed so many details about federalism and separation of powers that I'd been struggling to understand and explain for the last 30+ years that were about to be flattened into pat, ideological answers.

Ironically, that was a vision of a return to what I had learned in law school. (I graduated in 1981.) I taught law school from 1984 to 2016, and the entire time, there was a fascinating dynamic on the Court — with a left and a right side and swing voters to keep things mysterious. A balance like that could happen again and give lawprofs something more to chew on, but as Bernstein notes, what most lawprofs want, I believe, is the Court I imagined before the 2016 election. I wasn't a typical law professor. I wanted the material to be challenging and interesting. But for most lawprofs, that's second-best. A solidly, predictably liberal Court is preferable. They'd still have something to talk about: how to go even more imaginatively far to the left.

80 comments:

Jake said...

At the end of the day, will it be a bad thing if ideologically driven professors quit? Maybe this is how the tree of liberty is refreshed?

sean said...

Prof. Stern should have assigned his students to read John Ely (Harvard Law Review, Earl Warren clerk, and Stanford Law School Dean), who would have explained why Roe "is not just bad Constitutional law, it isn't even trying to be Constitutional law." An FSU professor would be totally outclassed by someone of that intellectual caliber.

Joe Smith said...

And indeed, while Stern portrays discontent with the Court as a question of professional standards rather than ideology, he does not manage to find a single right-leaning professor to quote in his article."

Sounds like a version of the supposed Pauline Kael quote, "I don't know how Nixon won. I don't know anyone who voted for him."

The loonies are truly running the asylum, turning out a compliant, woke army of liberal lawyers bent on destroying the country.

Wince said...

It's good to hear the professorate is so neutral and dispassionate.

hombre said...

"A professor must say what the court claims it’s doing, then explain what it is actually doing, which is often something completely different."

The Socratic Method lefty style. Also known as "indoctrination."

Walter said...

If you have twenty (or more!) factors, you don’t have a rule of law, you simply have a structure which allows a judge to justify whichever decision she wishes to make.

BIII Zhang said...

These law professors should seriously consider euthanasia. I mean, they aren't going to get any relief from the relentless fury of hard-right rulings for at least a generation, maybe even two. Throughout their lifetimes and the lifetimes of their children - assuming they aren't illegally aborted with coat-hangers.

They are NOT going to enjoy their careers as teachers, and the students they are teaching are going to have to accept the fact that their teachers are out-of-touch with what courts are actually ruling. Those students who refuse to accept this will find their law careers cut short as they lose case after case after case.

All the while the monthly payments on their $250,000 in student loan debt, which will be CRUSHING to their futures, increase ever after as interest rates continue to rise and rise and inflation eats away at their real wages.

Euthanasia is a way out. You have no future any way.

Drink the Kool-Aid, gentlemen. Sweet, sweet dreams follow.

Ambrose said...

Left-wing professors explain what they think the Court is “actually “ doing and then wonder why students are disillusioned.

gilbar said...

A professor must say what the court claims it’s doing, then explain what it is actually doing,

hmmm,
it SAYS it's following the Constitution? BUT! what it's REALLY Doing, is following the Constitution?

Christopher B said...

They'd still have something to talk about: how to go even more imaginatively far to the left.

One wonders why Stern's father wouldn't get similarly juiced about providing the legal arguments and strategies for rolling back the conservative revolution, and then one remembers: projection.

gilbar said...

Oh WAIT! i get it!
The lack of a political slant, to the court; is, in and of itself: a political slant.

rhhardin said...

Richard Epstein at The Libertarian has become useless once there was no actual law being followed. He worked himself up to it though with Trump Derangement, basically an inability to read Trump. Then followed no actual law being followed anywhere.

n.n said...

Anarchist? A flurry of conservative (as in Declaration, Constitution) centrist rulings. Notably, the rejection of the hard-left's Twilight Amendment that has been the source of colorful mischief, including: the wicked solution, political congruence, DIE (Diversity [dogma], Inequity, and Exclusion), redistributive change, Green environmentalism, Mengele mandates, etc.

Michael said...

Ha ha. They have had enough. Perhaps they are not stomping their feet hard or fast enough.

Leland said...

I don't understand what's predictable about a liberal court other than perhaps ruling with the whims of the mob. For instance, also on Instapundit today: A NY Judge has decided Obergefell vs Hodges allows Polygamy, yet the Majority explicitly states "In forming a marital union, two people become something greater than they once were." Now it is something more than two? I understand Roberts predicted this in his dissent, but he's considered conservative, so what is predictable about the liberals, who told us this wouldn't happen?

gilbar said...

just before the 2016 election..
..believed Hillary Clinton would be the next President and would fill the seat vacated by Scalia and give the Court a 5-person liberal majority.

There's a nightmare scenario to keep one up late! If not for Trump..
Would americans be allowed to possess handguns? rifles? bows and arrows?
Would there be the concept of private property (that was not a navigable waterway?
Would this blog be legal? Would it be published?
Would we all be in jail?

Thank You GOD! Thank you for sparing us from Hilary!

Esteban said...

Wow, what a bunch of bunk. Isn't it the opposite of power and politics when the court says, like on abortion, "Let the people decide." I haven't read one soundly reasoned article refuting the majority in Dobbs. The closest to even a rationale argument, but an argument I find rather weak, is Ms. Althouse's reliance argument.

One can dislike the outcomes of "conversative" rulings, but the remedy is often to be found in the political process, which may be hard, but so what.

mezzrow said...

Stein's Law continues its inexorable march. The current winners will also be subject to this inalienable law. The only questions concern when and/or how the end arrives.

Earnest Prole said...

I listened to Stern and Dahlia Lithwick rehearse this critique on her Amicus podcast, and the short version is that the Court is illegitimate when it issues rulings they disagree with.

n.n said...

Anyway, with the Court's abortion of the Twilight Amendment (justice influenced by emanations from penumbras), we have returned to a state of progress: 1/2 compromise (e.g. Fetal-American), political congruence (e.g. 1/2 compromise), DIE (e.g. color blocs), etc. under the several States.

Kevin said...

[A]fter the flurry of hard-right rulings this June, many professors had their 'own personal grieving period.

I saw the Wise Latina at reception
The New York Times in her hand
I knew she would bleat her objection
In tatters was her worldview plan

No, you can't always get what you want
You can't always get what you want
You can't always get what you want
But if you try sometime you'll find
You get what you need

Wilbur said...

Hey David, tell unhappy Daddy Nat to go ... I'll leave to your imagination.

hawkeyedjb said...

Interesting, Professor. Many politicians (and perhaps lawprofs as well) see the Court as just a super-legislature that needs to be controlled to carry out their preferred agenda. But of course there is a Correct agenda and an Incorrect one. The quoted lawprof says that he "...had no desire to explain the Supreme Court’s conservative revolution as the product of law and reason rather than politics and power." But you know he would find it easy to characterize a leftist revolution as nothing but the finest neutral application of law and reason.

To me, the worst decisions of the last half-century were Roe, Kelo and Obergefell. Each was a pure application of policy preference by a Court that saw itself as the super-legislature dreamed of by leftists. We are well beyond ever being able to pretend that the Court exists to interpret law; it is there to make law and sometimes you just don't like the result that comes of super-legislating.

Enigma said...

Whatever would Mark Joseph Stern say in 1973 when the Court first ruled on Roe v. Wade and then their quick flip-flop on the death penalty being unconstitutional? He'd surely have felt the Court had become unstable and radical. Right? Right? Right?


Don't fear political ideologies over the long run, as they always enter a lemmings-enter-the-sea or Wil-E-Coyote-falling-into-the-canyon phase. Just survive until the mad dog, charging bulls are hung by their own ropes. Always happens. Must happen. Root functional pragmatics must eventually take over...in the form of true democracy, revolution, corruption, black market economies, tribalism, organized crime, etc. But, Rome lasted 400+ years...

Dave Begley said...

"In recent years, though, I’ve increasingly struggled to present new holdings as the product of dispassionate legal reasoning rather than personal agendas."

Not much of a law professor if he can't explain that. The majority are firmly in the strict constructionist school and also strong on federalism.

The fact that these profs are mostly left wing is the source of the problem. Other people disagree.

Howard said...

More catastrophizing of microscopic behavior running it through a multiplex amplifier to try and convince people that it's a thing. All of that exaggeration is designed to increase sales through partnerships with retailers. The fact that it increases mental illness is just a necessary side effect to keep our consumer culture afloat.

Kevin said...

The biggest change in our lifetime has been law students not intending to be lawyers, but activists with law degrees.

Rather than filtering these people out, the legal establishment encourages them as a means of self-inflating their otherwise repetitive and often boring job.

Readering said...

When AA started law school the Burger Court had been operating 9 years. It was followed by the Rhenquist Court and the Roberts Court. There are no law professors teaching today who started when the Warren Court was operating.

rcocean said...

Listening and reading Leftists becomes very tiresome. No matter how often they win, no matter how far left the country or society goes, its never enough. If they dominate 8 TV news networks then they'll jabber constantly about slightly-to-the-right Faux News and its "threat to democracy". Never do they characterize the opposition as "reasonable" or men of "good faith". No, anyone who opposes the Left is either stupid or evil.

The SCOTUS has never been truly conservative in my lifetime. It took almost 50 years to overturn Roe, which was Supposedly "In extreme danger" when we had 7 Republican justices in the early 90s. Yet, no matter how centrist the Court is, the Leftwing professors and commentators label the court "Rightwing" and talk about how "extreme" it is. They know that's false. We know its false, But they just keep chanting it over and over.

If Stern didn't want to talk about a righwing court after 41 years and retired, that just proves my point.

rcocean said...

I felt Breyer's comment that the Court's opinions (aka overturning Roe) was going to come back and "Bite them in the ass" probably one of the worst remarks by a SCOTUS judge ever. I took that to mean, he or one of his clerks was one who leaked the draft opinion.

BTW, when are we going to learn the leaker's name?

Sebastian said...

"pretending that 'law' is something different from politics, a higher realm of reason and rationality where the best arguments prevail"

Which raises the Althousian question, do progs believe their own BS?

For, when did progs ever think that law is "something different from politics"? Are Wickard, Roe, Obergefell products of "reason and rationality"? What does the current form of government have to do with the actual Constitution anyway?

But the lefty discontent is revealing, or at least affirming: that the "legitimacy" of the courts, or any other institutions, is to be judged strictly by their conformity to prog desires.

Lurker21 said...

'For the bulk of my career,' he said, 'I’ve felt I could fairly explain rulings and opinions that I don’t endorse because they rested on coherent and plausible—if to me unconvincing—grounds. In recent years, though, I’ve increasingly struggled to present new holdings as the product of dispassionate legal reasoning rather than personal agendas.'

Fella, you could have realized that 50 years ago, but you wouldn't have had a career.

But was it really "dispassionate legal reasoning," rather than a shared ideology or an idea of the "arc of history bending towards justice" that motivated your opinions through the years?

Jimmy said...

Shorter version. 2+2=5. What you see is wrong, the narrative is always right.

Jersey Fled said...

So it's OK to question the legitimacy of the courts, but not of elections.

I get it.

Original Mike said...

What makes me shake my head is I don't see any "hard-right" rulings. Like what? I'll take them at their word that they view Dobbs as hard-right, but what else has been so egregiously decided?

Drago said...

Howard: "More catastrophizing of microscopic behavior running it through a multiplex amplifier to try and convince people that it's a thing. All of that exaggeration is designed to increase sales through partnerships with retailers. The fact that it increases mental illness is just a necessary side effect to keep our consumer culture afloat."

I'm going to give this latest Kamala-like word salad a "7" on the Howard/Democratical Moron Magic 8-Ball meter.

Kathryn51 said...

gilbar said...

There's a nightmare scenario to keep one up late! If not for Trump..

I often tell my conservative friends (who think the world is still going irreversibly to hell) that I began to sleep well at night once Amy Comey Barrett was sworn in. Our right to speak and think freely is still protected for at least a decade.

AtmoGuy said...

I find this entire concept amusing because I got my worst grade in law school (late 90s) in Constitutional Law. My undergraduate degree was in a hard science, and I kept looking for logic and reason in the decisions of the liberal-dominated Supreme Court and couldn't find any. I've finally started to find some over the last couple of years.

Levi Starks said...

I feel like the disconnect comes from a basic disagreement on the purpose of the court.
Professors on the left (apparently all of them) believe the constitution is a deeply flawed document, and the court’s responsibility is to repair it in a way that makes peoples lives better. It’s a worthy aspiration, it also circumvents the legislative process as laid out in the constitution. The conservative view is one that the court should restrain itself from appropriating that’s that responsibility to the court.
The miracle of the educational system is that some fragment of law school graduates are able to retain a conservative mindset in spite of the indoctrination to which they are subjected.

Fred Drinkwater said...

Odd n, I recently remarked on a discussion site, that the world would be better off with fewer lawyers. I got pushback, mostly along the lines of " we need more lawyers dedicated to fighting for the greater good, change the world into a better place".

Fred Drinkwater said...

Esteban, I get "that look" from liberal friends when I point out that the "reliance" argument is a conservative argument.

Roger Sweeny said...

I went to law school toward the end of the Warren Court Revolution, when lots of precedents were overturned. There was no "this is political and terrible.". Instead, there was cheering on.

The lack of self-awareness on the part of smart people is depressing.

Mr. T. said...

Ah yes Slate...


... who's record of legal matters (duke lacrosse prominently comes to mind) ,which is nothing short of journalistic fraud and quackery, is certainly in a position to rabidly gnash teeth over a court that adheres to constitutional doctrine.

Ice Nine said...

>Bernstein:: "We all know that left-learning lawprofs would be dancing in the streets if SCOTUS were equally aggressive to the left."

"Aggressive" SCOTUS? Can someone explain to me what the SCOTUS has done that is aggressive? Better yet, explain what does an "aggressive SCOTUS" even mean?

I think for Bernstein it means, "Waaa, SCOTUS overruled (the legally deeply-flawed) Roe v. Wade," and nothing more.

Quayle said...

"Nobody who is anybody thinks that the current Supreme Court makes any attempt to give accepted legal reasoning, or avoid shredding the constitutional law norms of history."

We get it. The talking point has gone out. Let the gas-lighting proceed.

"Experts are speaking, folks. Are you listening to the experts?"

Robert Cook said...

"There's a nightmare scenario to keep one up late! If not for Trump..
Would americans be allowed to possess handguns? rifles? bows and arrows?
Would there be the concept of private property (that was not a navigable waterway?
Would this blog be legal? Would it be published?
Would we all be in jail?"


Really, you're being ridiculously hysterical. As much as I dislike Hillary Clinton, none of the scary bullet points of Dem-tyranny you list above would have occurred if she had won the election in 2016.

Jupiter said...

I've got something they can chew on. Right here.

Lem the artificially intelligent said...

“Well, that's just like, your opinion, man” - The Big Lebowsky

Joe Smith said...

'When AA started law school the Burger Court had been operating 9 years.'

I miss those days when Burger was king...

Pianoman said...

Isn't questioning the legitimacy of SCOTUS sorta ... insurrection-ey?

I guess when the Left does it, it's patriotic (eg, Stacy Abrams).

Mike said...

I think the New York judge who "decided that polygamy was OK" was dealing with a peculiar fact pattern The polyamory involved was three gay guys; two were apparently living in a rent controlled apartment with the lease held in the name of one of them. That man died. Could the two surviving "husbands" succeed to the rent controlled lease.

I don't know if the judge would have come to the same conclusion if it involved a menage a trois with two females. But who knows?

Mark said...

So, in other words, a widespread confession that law schools across the country are hotbeds of leftism.

Michael K said...

Don't fear political ideologies over the long run, as they always enter a lemmings-enter-the-sea or Wil-E-Coyote-falling-into-the-canyon phase. Just survive until the mad dog, charging bulls are hung by their own ropes.

I think this is optimistic. The political left has no sense of reality. They will double down on their theories when others oppose them and argue on facts. Now we have regime officials telling us that we can ban "fossil fuels' who don't know what petrochemicals are. They plan to end chemical fertilizers and substitute "compost." The Sri Lanka disaster is ignored as Canada and Holland plan to limit or ban nitrogen use in agriculture. Even US officials have mentioned it as a goal. Germany is about to teach us the merits of "Green Energy" this winter but the left is unteachable.

This will end as "the gods of the copybook headings return" but it might create another Depression. 37% of the public now expects a depression.

BothSidesNow said...

Ann Althouse said: "They'd still have something to talk about: how to go even more imaginatively far to the left." Brought to mind a small luncheon I attended in 1985 or 1986 at a public interest legal outfit in New York. I was a law student at the time. The speaker was someone who was clerking for Blackmum or had just finished. Someone asked about the clerks' role in draftng opinions. He said that Blackmum did not find the process of editing opinions drafted by clerks very easy or satisfying, and if Blackmum was really frustrated by a draft, rather than editing it, Blackmum would write the opinion from scratch, something he also did not like doing. So the clerks drafted the opinions by trying to make the opinion as "imaginatively far to the left" as possible, but not so far that Blackmum would simply throw out the draft and write the opinion himself. Their goal was to go right to the edge, but not over it. Those remarks, the arrogance, the lack of regard for the Justice, the self-righeousness, have stayed with me all these intervening years.

gspencer said...

"This technique can disillusion students, leading them to ask why they’re bothering to learn rules that can change at any moment.... Students confront a legal system in a crisis of legitimacy led by an extreme and arrogant court."

That event - when federal law became un-moored from the Constitution - happened on March 29, 1937 in the case of West Coast Hotel v. Parrish, the famous Switch-in-Time-to-Save-Nine case.

Before that date lots of things that Roosevelt wanted were not permitted by a straight reading of the Constitution. Then, all at once, they were. And the march away from the document and a very limited fedgov was on.

What these lefty law profs are complaining about is a couple of small steps back to a straight reading.

The Vault Dweller said...

There is a growing and unfortunate number of people in Academia who are unable to see things from perspectives other than their own.

JaimeRoberto said...

'For the bulk of my career,' he said, 'I’ve felt I could fairly explain rulings and opinions that I don’t endorse because they rested on coherent and plausible—if to me unconvincing—grounds.

I have my doubts that he could fairly explain opposing opinions.

BUMBLE BEE said...

I envision Prof Stern at 8 yrs. old on his back kicking furiously and shrieking in front of Count Chocula boxes in the cereal aisle. Must find a Tim Conway clone to star as Stern in his biographical film short, titled "Call the WAAAAAmbulance".

ga6 said...

shorts twisted knots hilarious

gadfly said...

I remember just before the 2016 election, when I was making my decision to retire.

I believed Hillary Clinton would be the next President and would fill the seat vacated by Scalia and give the Court a 5-person liberal majority.


I couldn't have disagreed with Ann's thoughts back in 2016 about the next Supreme Court being loaded with liberals if Hillary won. However, I could not abandon my concerns that Hillary would absolutely be a horrible President but I was even more convinced that Mafia Don was a far, far scarier criminal. So I voted for Gary Johnson.

Of course, we now know that TFG never appreciated the SCOTUS appointment delay he got from "Moscow Mitch," as obviously "adviced" by the senate majority leader's Taiwanese wife, "Cocoa Chow."

Original Mike said...

Blogger Roger Sweeny said..."The lack of self-awareness on the part of smart people is depressing."

Be not depressed! Clearly by your own metric (and I concur), these are not smart people.

YoungHegelian said...

Still, they must slog on, most gathering substantial debt as they go, pretending that 'law' is something different from politics, a higher realm of reason and rationality where the best arguments prevail..

I'm sorry, but have all these learned professors been hiding under a rock since the mid 70's?

Of course, the Judiciary is all about power & politics. Of course, all the blather about "constitutionalism" and "originalism" is just a cover sheet over right-wing Will to Power. Good Lord, these are just the basic assumptions of Critical Law Theory, which came out of the Left-wing Legal academy! Did any of these now discouraged academics fight the good fight against CLT? Maybe, just maybe, the Right learned a thing from CLT over the years.

It's like all the talking heads that lecture us about how America is built on Structural Racism and then act astounded when something racist really happens. I mean, if America's so racist, why be surprised? If racism is everywhere, why be surprised when you see it?

Big Mike said...

I got pushback, mostly along the lines of " we need more lawyers dedicated to fighting for the greater good, change the world into a better place"

For the hundredth time, changing the world is easy. A total screw-up like Lee Harvey Oswald changed the world with just three pulls on a trigger. Changing the world for the better is challenging, to say the least. Is there any such thing as a Progressive (“retrogressive,” more like) who has changed the world for the better any time in this century?

Lewis Wetzel said...

The article is a combination of ridiculousness and hysteria.
Here is its first paragraph:
Khiara Bridges remembers the exact moment she lost faith in the Supreme Court. At first, at the start of Donald Trump’s presidency, Bridges—a professor who now teaches at UC–Berkeley School of Law—held out hope that the court might be “this great protector of individual civil liberties right when we desperately needed it to be.” Then came 2018. That June, the justices issued Trump v. Hawaii, which upheld the president’s entry ban for citizens of eight countries, six of them Muslim-majority. Suddenly, Bridges told me, she realized, “The court is not going to save us. It
"Us" now includes citizens of foreign countries living abroad? I realize that some of these foreigners may have had relatives or spouses in the US, but, really? The protection of foreigners living abroad is a critical civil rights issue in the US? And this from a law professor?
It took less than a minute with Google to find this headline from July of 2020:
Trump has the worst record at the Supreme Court of any modern president
The court has shown less deference to presidents in recent years. Even so, Trump stands out.
https://www.washingtonpost.com/outlook/2020/07/20/trump-has-worst-record-supreme-court-any-modern-president/

Greg The Class Traitor said...

"But they quickly turned toward 'grappling with how we teach our students' to understand the Supreme Court’s reactionary turn.... A professor must say what the court claims it’s doing, then explain what it is actually doing, which is often something completely different

Now do Roe, Lawrence v Te3xas, Windsor, and Obergefell.
Oh, wait, those are ACTUALLY cases where SCOTUS was a bunch of lying sacks of shit. but it's ok, because they were lying sacks of shit the way the lying sack of shit left wing law professors wanted them to be


This technique can disillusion students, leading them to ask why they’re bothering to learn rules that can change at any moment
See "Warren Court"

Students confront a legal system in a crisis of legitimacy led by an extreme and arrogant court.
See Warren Court
See: Roe v Wade

Still, they must slog on, most gathering substantial debt as they go, pretending that 'law' is something different from politics

Well, when the Left has power, everything is about politics.
It's only when the Right has power that you can actually have something approximating the rule of law

a higher realm of reason and rationality where the best arguments prevail
What part of "see Roe v Wade" do these pathetic nimrods not understand?

Because neither Roe nor Casey has the slightest shred of "reason and rationality", and it's most certainly the case that the best arguments did NOT prevail in those cases

My father, Nat Stern, retired from a 41-year career at Florida State University College of Law in May.... When I asked him why he decided to retire, he told me that he had no desire to explain the Supreme Court’s conservative revolution as the product of law and reason rather than politics and power

So, rather than tell the truth, he retired.

Good riddance to bad rubbish

'For the bulk of my career,' he said, 'I’ve felt I could fairly explain rulings and opinions that I don’t endorse because they rested on coherent and plausible—if to me unconvincing—grounds. In recent years, though, I’ve increasingly struggled to present new holdings as the product of dispassionate legal reasoning rather than personal agendas.'"

So he's saying he's another victim of Trump Derangement Syndrome?

Because Dobbs was so solid a decision that the Lefties weren't able to come up with even a single legitimate attack on the Draft when it was released

Original Mike said...

From the article: "The problem, it’s worth emphasizing, is not that the Supreme Court is issuing decisions with which left-leaning professors disagree. It’s that the court seems to be reaching many of these conclusions in defiance of centuries of standards, rejecting precedent and moderation in favor of aggressive, partisan-tinged motivated reasoning."

The article provides ZERO example or analysis to defend this assertion. The reader is just supposed to accept that it is true.

If you haven't read it yet, don't waste your time.

Greg The Class Traitor said...

gilbar said...
A professor must say what the court claims it’s doing, then explain what it is actually doing,

hmmm,
it SAYS it's following the Constitution? BUT! what it's REALLY Doing, is following the Constitution?


No. It SAYS it's following the Constitution? BUT! what it's REALLY Doing is make the professor cry and wet his bed

Greg The Class Traitor said...

Mike said...
I think the New York judge who "decided that polygamy was OK" was dealing with a peculiar fact pattern The polyamory involved was three gay guys; two were apparently living in a rent controlled apartment with the lease held in the name of one of them. That man died. Could the two surviving "husbands" succeed to the rent controlled lease.

Pretty sure that's not a correct retelling of the facts of the case.

If all three "husbands" had been living in the same place, then the legal "husband" would have been able to take over the lease.

It's only because the legal "husband" is NOT living in the rent controlled apartment that the owner was in danger of getting back control of his apartment

tolkein said...

I remember reading a blog post from Mark Tushnet, which I saved
https://balkin.blogspot.com/2016/05/abandoning-defensive-crouch-liberal.html
These leftie law professors are just complaining about losing and not doing what they feel the law should be.

Two-eyed Jack said...

How much of law school is going over death penalty, voting and abortion rights cases? A friend of mine decided against going to law school when he spent a summer internship at a Big Law firm and discovered that he would likelier spend his time on things like antitrust lawsuits about flea collars. Can't professors teach contracts and rules of evidence without wrapping it up in some moral crusade?

Tom said...

And I’m majorly disappointed the court hasn’t done more to project our individual constitutional rights from encroachment from the government. To me this court is still left wing because it preserves unconstitutional government power over the the governed.

Drago said...

The Hopeless gadfly: "So I voted for Gary Johnson."

LOL

Sure you did....(wink wink)

iowan2 said...

I'm waiting for the first article that picks apart Dodds, and not the Justices.

Maynard said...

There is a growing and unfortunate number of people in Academia who are unable to see things from perspectives other than their own.

Those "other perspectives" are of course, misinformation and must be suppressed for the common good.

iowan2 said...

Then came 2018. That June, the justices issued Trump v. Hawaii, which upheld the president’s entry ban for citizens of eight countries, six of them Muslim-majority. Suddenly, Bridges told me, she realized, “The court is not going to save us.

Is this the same entry ban that Obama imposed, and Trump renewed? The same EO that circuit Judges tossed out, thus the appeal to SCOTUS? Several of those Circuit Judges said they would have let the order stand, if it were a different President...like Obama...

Somehow these snowflake professors are just fine with rulings not based on law/Constitution. Do professors really think, just because they are a professor, and utter any statement, we all will just genuflect automatically and accept all of their bad logic and incongruities.

cubanbob said...

Mike said...
I think the New York judge who "decided that polygamy was OK" was dealing with a peculiar fact pattern The polyamory involved was three gay guys; two were apparently living in a rent controlled apartment with the lease held in the name of one of them. That man died. Could the two surviving "husbands" succeed to the rent controlled lease.

I don't know if the judge would have come to the same conclusion if it involved a menage a trois with two females. But who knows?"

This is the kind of stupid and unfounded in law decisions that can lead to Supreme Court reversals of previous decisions the Left won. Rent control and Kelo could come up again and how likely is the court to find that polygamous common law "marriages" of convenience are real marriages? This NYC case sounds like an update remake of Chuck and Larry. Maybe Olivia Wilde can make a movie out of this.

Rusty said...

Tom said...
"And I’m majorly disappointed the court hasn’t done more to project our individual constitutional rights from encroachment from the government. To me this court is still left wing because it preserves unconstitutional government power over the the governed."
First came the constitution and the founders declared it good. Then came the Supreme Court to judge the laws of men against the constitution. Somehow it got fucked up.

Cappy said...

Buahahah.

mikee said...

The Supremes might go on a spree for years, ruling that the words in the Constitution mean what the Constitution says. Quelle horreur!! Anyway, it will be interesting to watch.

Rick67 said...

I was a pro-life activist as an undergraduate. (And after starting grad school decided to be done with that.) We regularly heard,

Settled law, settled law, the Court has spoken, give it up, surrender, this contentious issue is Settled(tm).

Every time someone complains about a Supreme Court decision they don't like I remember that refrain.