With the Left Now Dominating US Courts, Law Prof Urges Liberals to Take Off the Gloves

mrktshntLeft-leaning law professor Mark Tushnet recently penned the piece “Abandoning Defensive Crouch Liberal Constitutionalism,” where he revels in the left’s growing dominance of the U.S. court system and advises his fellow liberals to go on the offensive using the legal system to push through their agenda. With the death of U.S. Supreme Court Justice Antonin Scalia, he explains, “those judges no longer have to be worried about reversal by the Supreme Court if they take aggressively liberal positions.”

Scalia’s death did cause a significant shift in the balance of power, giving the left four liberals against three conservatives and one swing vote on the high court. However, liberal dominance of the U.S. legal system hasn’t been an overnight thing. The left has been gradually taking over much of the nation’s judicial system for decades.

USA Today reported in 2013 that the number of federal judges appointed by Democratic presidents finally overtook the number appointed by Republicans — and this doesn’t even take into consideration another factor. Democratic presidents and governors are more likely to appoint partisan judges to the bench than Republicans are, a long-running discrepancy that has led to a marked imbalance of partisan Democratic judges.

Accompanying this trend has been an increase in Democrat prosecutors. The Department of Justice has steadily hired more and more left-leaning lawyers, and local prosecutors’ offices around the country also are tilting more to the left.

Read the rest of the article at The Stream

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