Today a worrying post arrived from Bari Weiss’ Common Sense platform. The rot which has corrupted our political, literary, and entertainment world – not to mention the education systems on which the future of our civilisation depend – is now threatening to undermine the institutions on which are founded our efforts, although often flawed, to administer justice to each other.
It is worrying, but we shoould not be surprised. Why would they not do this, marxists as they are? Political revolution for marxists was never a piecemeal operation – revolution in one counrty, they knew, was doomed to failure. So with cultural revolution. All must fall or all will fail. For those defending freedom and justice, therefore, every battle is important and winning battles will eventually mean winning the war.
She introduces this long essay by Aaron Sibarium on the latest target of those dedicated to capturing and eviscerating the institutions which hold our civilisation together:
If you are a Common Sense reader, you are by now highly aware of the phenomenon of institutional capture. From the start, we have covered the ongoing saga of how America’s most important institutions have been transformed by an illiberal ideology—and have come to betray their own missions.
Ok, so we’ve lost a lot. A whole lot. But at least we haven’t lost the law. That’s how we comforted ourselves. The law would be the bulwark against this nonsense. The rest we could work on building anew.
But what if the country’s legal system was changing just like everything else?
Today, Aaron Sibarium, a reporter who has consistently been ahead of the pack on this beat, offers a groundbreaking piece on how the legal system in America, as one prominent liberal scholar put it, is at risk of becoming “a totalitarian nightmare.”
This is a long feature on a subject we think deserves your time. Save it, share it, or print it to read in a quiet moment:
In 2017, the super lawyer David Boies was at a corporate retreat at the Ritz-Carlton in Key Biscayne, Florida, hosted by his law firm, Boies, Schiller and Flexner. Boies was a liberal legend: He had represented Al Gore in Bush v. Gore, and, in 2013, successfully defended gay marriage in California, in Hollingsworth v. Perry, paving the way for the landmark Supreme Court ruling two years later.
On the last day of the retreat, Boies gave a talk in the hotel ballroom to 100 or so attorneys, according to a lawyer who was present at the event. Afterwards, Boies’s colleagues were invited to ask questions.
Most of the questions were yawners. Then, an associate in her late twenties stood up. She said there were lawyers at the firm who were “uncomfortable” with Boies representing disgraced movie maker Harvey Weinstein, and she wanted to know whether Boies would pay them severance so they could quit and focus on applying for jobs at other firms. Boies, who declined to comment for this article, said no.
That lawyers could be tainted by representing unpopular clients was hardly news. But in times past, lawyers worried about the public—not other lawyers. Defending communists, terrorists, and cop killers had never been a crowd pleaser, but that’s what lawyers had to do sometimes: Defend people who were hated.
When congressional Republicans attacked attorneys for representing Guantanamo detainees, for example, the entire profession rallied around them. The American Civil Liberties Union noted that John Adams took pride in representing British soldiers accused of taking part in the Boston Massacre, calling it “one of the best pieces of service I ever rendered to my country.”
But that’s not how the new associates saw Boies’s choice to represent Weinstein. They thought there were certain people you just did not represent—people so hateful and reprehensible that helping them made you complicit. The partners, the old-timers—pretty much everyone over 50—found this unbelievable. That wasn’t the law as they had known it. That wasn’t America.
“The idea that guilty people shouldn’t get lawyers attacks the legal system at its root,” Andrew Koppelman, a prominent liberal scholar of constitutional law at Northwestern University, said. “People will ask: ‘How can you represent someone who’s guilty?’ The answer is that a society where accused people don’t get a defense as a matter of course is a society you don’t want to live in. It’s a totalitarian nightmare.”
Read the full article here.