All posts by Wintery Knight

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News

Are liberal lawyers and law professors in favor of open debate?

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Here’s a great post over at Stuart Schneiderman’s blog.

The topic of the post is a high-profile meeting  of lawyers and law professors at NYU Law School to discuss the recent Supreme Court decision that allow businesses to make political donations to candidates in the same way that trial lawyer organizations and teacher unions and abortion providers do. The meeting was supposed to be an open and honest debate on the issues. Was it?

Excerpt:

The most disturbing aspect of the meeting was that everyone took for granted that the the decision had been wrongly decided. There was no free trade in ideas about the correctness or incorrectness of the decision; only a discussion about how to overturn the decision.

In their modus operandi the assembled lawyers were ignoring the marketplace of ideas in favor of their own dogmatic beliefs. These defenders of the marketplace of ideas were constitutionally incapable of finding any merit whatever in an opposing viewpoint.

If you refuse to allow an idea (whether a policy or a belief) to be tested against reality, then the question becomes who has the strongest faith. True believers are willing to fight and die to prove that their strength is strongest, thus, most true.

[…]Why were the assembled liberal lawyers so lathered up about the Citizens United decision. Simply, because they believed, dogmatically and unthinkingly, that corporate money was fundamentally corrupt and corrupting. Corporations were sinners; they had acquired their money by less than idealist means; they had no right to try to influence the democratic political process.

Again, dogmatic belief leads to a fighting faith. Why? Perhaps they wanted to maintain their own monopoly control of correct opinion. The greatest enemy of free trade in ideas today is the monopoly on dogmatic belief that is maintained by the educational and media establishments.

Surely, opposing views are aired, through conservative talk radio and through Fox News. But these engines of the free market in ideas are often subject to attack. Those who prefer a more mercantilist, monopoly control over the marketplace in ideas, want to invoke the fairness doctrine to shut down much of conservative talk radio. They often try to discredit Fox News for trafficking in hate speech.

As several of the commenters on the Times site pointed out, none of these great legal minds seem to have the least problem with the influence that labor unions exert on elections through their political advertising. At a time when the political power of labor unions has brought states, cities, and counties to the brink of bankruptcy… lawyers are about to go to war to stop corporations from spending money on political advertising.

This post highlights a change in my own views. I once wanted to be a lawyer, you see. And my judicial philosophy was one of idealism and judicial activism. But after reading Thomas Sowell’s “A Conflict of Visions” three times, I am now a strict constructionist, while respecting rights guaranteed by the Constitution. Legislating from the bench now seems to me to be the wrong point of view. Injustices need to be fixed by legislators elected by the people, not by an appointed oligarchy of out-of-touch judges. So don’t ever say that I don’t change my mind when confronted with the evidence! It happens all the time. Well, sometimes.

News

Republican governor of Nebraska signs legislation to protect the unborn

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Story from Fox News. (H/T Dad)

Excerpt:

Two landmark measures putting new restrictions on abortion became law in Nebraska on Tuesday, including one that critics say breaks with court precedent by changing the legal rationale for a ban on later-term abortions.

Republican Gov. Dave Heineman signed both bills, one barring abortions at and after 20 weeks of pregnancy and the other requiring women to be screened before having abortions for mental health and other problems. Both sides of the abortion debate say the laws are firsts of their kind in the U.S.

A national abortion rights group already appeared to be girding for a legal challenge, calling the ban after 20 weeks “flatly unconstitutional” because it is based on the assertion that fetuses feel pain, not on the ability of a fetus to survive outside the womb.

[…]The law could lead to changes in state laws across the country if upheld by the courts, said Mary Spaulding Balch, legislative director for National Right to Life.

“It would broaden the interests of states in protecting the unborn child,” she said. “It says the state has an interest in the unborn child before viability.”

Heineman also signed the other bill, approved by lawmakers on Monday, that requires the screening for mental health problems and other risk factors indicating if women might have problems after having abortions.

Note that the sponsor of the bill, Mike Flood, is a Republican. And the governor signing the bill, Dave Heineman, is a Republican. Republicans are pro-life. Democrats are pro-abortion.

If Christians are serious about restraining evils like slavery and abortion, then we need to raise our children to be legislators, governors and judges. We need to have the vision to marry well and to parent our children well, if we hope to have an impact for good in the world.

Related posts

Related posts on abortion

News

Democrats propose 23 billion bailout for teacher unions

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Story here from the leftist Washington Post. (H/T Ace of Spades via ECM)

Excerpt:

As public schools nationwide face larger class sizes and cuts in programs, the Senate’s leading Democrat on education issues proposed a $23 billion bailout Wednesday to help avert layoffs of tens of thousands of teachers and other school personnel in the coming academic year.

[…]Education Secretary Arne Duncan estimated that school layoffs could total from 100,000 to 300,000 unless Congress acts.

“It is brutal out there, really scary,” Duncan told reporters on Capitol Hill. “This is a real emergency. What we’re trying to avert is an education catastrophe.”

Duncan stopped just short of endorsing Harkin’s bill. But he said efforts to improve schools will suffer if class sizes rise, summer school is cut and other programs are jettisoned.

Harkin, chairman of the Appropriations Committee’s panel on education and of the Committee on Health, Education, Labor and Pensions, said time is running out because states are starting to issue layoff notices. “We must act soon,” he said. “This is not something we can fix in August. We have to fix it now.”

[…]Sen. Lamar Alexander (R-Tenn.) said he worried about where the government would find $23 billion for a bailout in a time of growing federal budget deficits. “I wonder from whose schoolchildren we are going to borrow this money, because we have a looming debt crisis in this country and we’ll need to debate this,” he said. “We all want to help our children and our schools, but that is a deep concern.”

A fitting follow-up to today’s earlier education policy post. This is why you don’t put silver spoon liberals in charge of the country – they just keep spending and spending to bail out their greedy special interest groups.