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Robert P. George @McCormickProf
, 3 tweets, 1 min read Read on Twitter
There are many judges--state and federal--who act on ideological motives, not neutral principles impartially applied. (The late Stephen Reinhardt is an egregious example.) There are even prominent theories justifying their doing it. It's no use (or help) pretending otherwise.
1/ Let's test the matter with a thought experiment. Imagine that you are an ACLU lawyer trying to get an antiabortion law (or a traditional marriage law, or a law prohibiting physician-assisted suicide) struck down. If you had a choice between an Obama-appointed judge and a Trump
2/ appointee, would you be indifferent as to which gets the case? On appeal, if you had a choice between a three-judge panel drawn from a pool of twelve Obama appointees and one drawn from a pool of Trump appointees, would you not care which you got? Of course you would care.
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1/ I have a proposal for all people who understand the vital importance of freedom of thought and expression to truth-seeking and democracy.
2/ Find an opportunity--today--to speak up for the rights of someone you deeply disagree with about something that really matters to you.
3/ Take a stand against prohibiting people from saying what they believe to be true or compelling them to say what they believe to be false.
Read 3 tweets
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1/ Friends of civil liberty-right and left-need to stand up to the speech police-right or left-who would forbid people saying what they believe or compel their saying what they don't believe. "Teacher refused to sign pro-Israel oath, so she lost her job": interc.pt/2BqhEpu
2/ People are commenting that speech policing happens on the left too. Yes! Of course it does. I noted that in my tweet. There are people
3/ on both sides who do it & rationalize their support for it. They condemn people on the other side for doing it while doing it themselves.
Read 5 tweets
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1/ The 1st Amendment protects free speech for everyone. It protects the President's critics. It protects the President himself. It protects his defenders. All should exercise their free speech right responsibly, but it is protected even when they exercise it irresponsibly.
2/ Whether we're talking about college campuses or the broader society, the way to deal with speech we disapprove of, or regard as biased or unfair or otherwise irresponsible, it to criticize it--exercising our own free speech rights. We should not try to silence the other guy.
3/ The right to freedom of speech was hard won and could easily be lost. Its importance to truth-seeking and democracy is underappreciated. We take it too much for granted. It must be defended, whether assaults on it come from the left or the right, from academics or politicians.
Read 4 tweets

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Neutral principles (open source, free speech) that don't account for structural oppression will inevitably shore up existing power dynamics and reinforce the status quo.
You can argue that there are reasons why that's a preferable state (line-drawing problems, for example, or concerns about weaponization of power) but if you don't acknowledge this fundamental principle, your analysis will be faulty.
(Of course, "neutral" principles aren't neutral in the first place either. But even if we pretend they are, you still have to deal with reality.)
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Thank you for that kind introduction, Hilarie, and congratulations on your successful tenure as president of the American Bar Association.

The ABA is a diverse organization. Not all of its objectives are universally shared.
But lawyers should be united in the goal of “advancing the rule of law throughout the United States and around the world.”
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1) Small thread on the growth of government. No, it doesn't necessarily occur the way you think.

2) Until the 1820s, government as a share of the population grew VERY slowly. Part of this was bias against "big government." But there was something else at work.
3) In 1820, we literally had a revolution. The Missouri Compromise put slavery on the road to extinction by virtue of how it said states could enter the Union.

See that big blue chunk? MO Compromise said all states in that chunk HAD to enter the Union as free states.
But all the states below the 36 degree 30 minute line could CHOOSE to be free or slave (really, only Oklahoma).

4) This meant that over time a number of states would enter the Union as free states and at most one---or none---would be added to the list of slave states.
Read 31 tweets

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