Tyranny of Tolerance eBooks
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 The Tyranny of Tolerance
By: Robert H. Jr Dierker

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Chapter 1
The Cloud Cuckooland of Radical Feminism

Differences [between men and women], including the products of social inequality, make unequal treatment not unequal at all.
—Catharine MacKinnon, “Reflections on Sex Equality Under Law,” Yale Law Journal, 1991

This most illiberal Court . . . has embarked on a course of inscribing one after another of the current preferences of the society (and in some cases only the countermajoritarian preferences of the society’s law-trained elite) into our Basic Law.
—Justice Antonin Scalia, dissenting, United States v. Virginia (1996)


Do you think judges should be able to write freely about the law? Do you think that judges should sound the alarm if radicalism threatens to hijack the legal system itself?

Do you think judges should be truly independent of any dominant legal elite?

I believe that judges can and must write freely about the law, and that they have a positive duty to resist political forces that try to take over the legal system. I believe that judicial independence actually means more than never having your salary cut—that it means speaking and writing about threats to that independence from any source.

I have taken an oath to support the Constitution of the United States. I cannot in good conscience sit idly by and watch the destruction of that Constitution by a judiciary that is no longer independent. Despite a tradition of silence by judges on such topics, I can no longer keep quiet about what I, as an insider, have seen happening in, and to, our courts. I may be accused of unethical conduct and threatened with professional discipline, as I was in the past. If that is a ri...

The Tyranny of Tolerance

Robert H. Jr Dierker

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Politics & Government

Government
 
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