Law Professor: Christian Conservatives Should Be Treated Like Nazis
- A jurisprudence of “wrong the day it was decided.”—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.
- The culture wars are over; they lost, we won—Remember, they were the ones who characterized constitutional disputes as culture wars … they had opportunities to reach a ceasefire, but rejected them in favor of a scorched Earth policy.
- Aggressively exploit the ambiguities and loopholes in unfavorable precedents that aren’t worth overruling—Take Wal-Mart: Confine it to its unusual facts, and don’t treat it as having any generative power in other cases.
- Remember that doctrine is a way to empower our allies and weaken theirs—Conservative decisions on class-action arbitration should be understood as part of a long-term project of defunding the left.
- Our models are Justices William Brennan and Thurgood Marshall, not David Souter or John Marshall Harlan—With some ambivalence, I’d add Justice Ruth Bader Ginsburg to the list, the reluctance arising from the fact that her work as a judge has been shaped more than it should be by defensive crouch constitutionalism, particular in her sensitivity to the possibility of backlash.
- Forget Anthony Kennedy—Defensive-crouch liberalism meant not only trying to figure out arguments that would get Kennedy’s apparently crucial vote (not so crucial any more), but also trying to milk his opinions—and more generally, obviously conservative opinions—for doctrines that might be awkwardly pressed into the service of liberal goals.
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Source: http://nunezreport.blogspot.com/2016/05/law-professor-christian-conservatives.html
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