Thursday, July 12, 2018

An Open Letter from Yale Law Students Illustrates the Decline of the Radical Legal Mind



David French at National Review
Progressives’ anti-Kavanaugh hysteria is already in full bloom.
. . . " To the extent that any conservative can be a part of the elite academic club, Brett Kavanaugh belongs. He’s a double Yale graduate (college and law school) and a former Harvard Law School professor. How did he get there? Allow the Boston Globe to tell the story:
When Elena Kagan was dean of Harvard Law School, she was in search of rising conservative legal stars. The traditionally liberal campus, the thinking went, could use a little ideological diversity with more robust debate and the challenge of different viewpoints.
Among Kagan’s hires, as a visiting professor, was a newly appointed federal appeals-court judge from Washington named Brett Kavanaugh.
Yes, that’s right. Justice Kagan hired Brett Kavanaugh at Harvard Law. He’s no radical. He’s a serious conservative legal mind, and it is entirely right and proper for a school that enrolls conservative students and even (on occasion) hires conservative professors to put out a simple press release celebrating the elevation of one of its own to the highest court in the land.
. . . "At this point, a radical reader might nod along and say, “Yes, any originalist nominee will cost lives.” But if you look at the Yale letter, it fails to make its case. It’s a long screed claiming that, among other things, Kavanaugh is insufficiently protective of the administrative state (I wonder if any of the signatories are also demanding that Congress “abolish ICE”), overly protective of religious liberty, and lacking in sympathy for favored plaintiffs. It doesn’t contain an ounce of serious legal analysis." . . .

These are the "skulls full of mush"

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