Time’s Up For The Republic. Top Law Professors Say Just Ignore The Law.

The current assault on the rule of law began in the 1970s, most prominently at Harvard Law School and other Ivy League campuses. It went under the name Critical Legal Studies (CLS). It was a left-wing movement that claimed that law was not an objective standard but was a code designed to enforce the rights of a ruling class of capitalists, whites, and property owners.

I remember hearing about CLS when I was a law student in the 1970s. Penn Law, which I attended, hadn’t become infected with the doctrine yet, although it did later as did all of the top schools.

I recall thinking CLS was somewhere between a joke and a fad that would soon fade. I was wrong.

CLS has now become the dominant legal theory that has spread to judges, administrative law courts, bureaucracies and the media. In the end, CLS says you can disregard precedent and well-settled law to support crackpot outcomes if it’s in the name of “social justice” or “reparations” or some other wealth transfer program that moves money from producers to trained victims.

How far has this movement gone today? As reported here, the movement has gone so far as to mark the end of the American republic and the end of the U.S. Constitution as a guiding legal document.

Several leading law professors, including Mark Tushnet of Harvard, say that when the Supreme Court rules against the Biden regime, Biden should simply ignore the court and do what he wants through executive order and administrative fiat. This would include ignoring recent rulings on affirmative action, abortion, student loans, and limits on EPA rule-making authority.

Tushnet and the other radicals call this “popular constitutionalism”, but it’s nothing less than the creation of a non-constitutional dictatorship. Biden goes along with this because he’s too demented to form independent judgments. His advisors are strict ideologues who agree with Tushnet.

The reaction to this will not be what Tushnet and his radical cronies expect. History shows clearly that the reaction to dictatorship is vigilantism, political devolution, revolution or social disorder and chaos. That’s what Americans should expect if people like Tushnet are not put back in their academic boxes soon.

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