Thursday, April 8, 2021

AALS Gets It Backward--This Week's Column in the Pennsylvania Capital-Star

 4/8/2021--You have to excuse my taking an author's prerogative. The AALS is putting on a program about the 2020 election and its lessons. See here. But the emphasis seemed to me to be backward. Democracy had to be "rebuil[t]." But democracy was just another way to criticize Republicans. Actually, democracy did pretty well in 2020. 

In contrast, the AALS feels that the rule of law merely needs to be "strengthen[ed]."

I argue in this week's column that the rule of law is threatened by the belief, most notably in law professors, that judges rule by party, or want to. That there really are Obama judges and Trump judges, just as Trump once said.    

I tried to raise this issue by becoming a speaker at the conference, without success. Of course maybe I just don't express the issue well. Or I am flawed in other ways. But judging by how the conference turned out, I would say the AALS just doesn't want to look at law professors and our role in what's wrong.


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