One of the most important constants in our government is the blindfold on lady justice. At first the forces of political ideology were simply tugging at it. Now there exists a full onslaught to untie it and remove it. I can only guess at the reasons. My best guess is that all ideologies are turning to the judiciary to settle important policy and political questions because are representative government has become corrupt and useless with its money-driven cram-down approach to legislating instead of compromise and negotiation.
A material part of the problem arises from the utter disdain we hold for political opponents. Our most prominent officials and candidates employ words like “hate,” ”Nazi,” “authoritarian,””anti-democratic,” and all flavors of group-think for mere political advantage. Opponents are now enemies, or worse. There was a time when the law and judicial functions were above the fray. No more. This is why I see this quote from Professor Turley so disturbing:
With the start of classes at George Washington Law School, I have already had visits to my office of conservative and libertarian students asking if I thought they could speak freely in other classes without being penalized by professors. Despite teaching for decades, it is a question that I never heard from students until the last few years. It is now routine. It is the widespread fear of conservative students who have faced faculties with overwhelmingly liberal viewpoints and growing intolerance on virtually every campus. Now a new study at North Carolina confirms how conservative students routinely “self-censor” and do not feel comfortable sharing their views in classes. Not surprisingly given the heavy liberal makeup of faculties, liberal students feel little such fear over retaliation.
When I studied law, there was no room for ideology. Courses in torts, contracts, commercial transactions, property, procedure, trial practice, and on and on were about the law and how to apply it for the benefit of clients and society. Turley’s point is about whether students can safely reveal their political leanings. My point is that political leanings have little to no relevance in leaning the law. Ideology has infected the courts. We learned that the blindfold stayed on, not to remove it for the sake of promoting an ideology.
Professor Kingsford is turning over in his grave.