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Senator Schumer shows up at the steps of SCOTUS and threatens Justices Gorsuch and Kavenaugh over abortion. Dobbs is leaked and USAG Garland will not use his authority to prohibit nasty protests in front of Justice Kavenaugh's home. A crystal clear violation of federal law. It is not surprising that the crybullies at Stanford Law are emboldened. Governor DeSantis has it right: DEI programs at public universities need to be dismantled root and branch. God Bless Judge Duncan!

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But the federal government has leverage at private institutions as well! Leverage it's never been afraid to exercise.

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As we all know, these “protestors” are not speaking truth to power, they are the pawns of a new power, one with strong influence at our institutions, including Stanford. If Stanford spoke for liberal democracy this would provide a great opportunity to pull the rug out on these kids, signaling to others that, no, this behavior is not sanctioned by the powers that be here, and if you want to behave like this you will not be protected , but must actually pay the price of truly speaking truth to power.

Of course, it won’t happen. Stanford is on board and these kids are protected.

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A] situation where power and ideology trump reasoned debate. When we reach that place (and I’m assuming we haven’t already reached it in some way), then the rule of law will have turned into barbarism."

I saw early stages of this 6-7 years ago. My belief is it will get worse. Much worse. Do the gatekeepers of this profession have the guts, competence, or mental scaffolding to turn it around? I have my doubts. The precedent-only groupthink inherent in legal ed often inhibits the ability to navigate toward productive solutions. (Disagree? Re-read the interview.) I’ve met few lawyers and even fewer judges and law profs who could effectively think their way out of unfamiliar cognitive prisons. My money says they'll be boxed in gradually - then suddenly. (Credit to Hemingway for the timeless phrase.)

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I have seen Justice Duncan speak and he is well-spoken, intelligent, and reasoned. I am so glad he isn't backing down on this. I will lose all hope if he goes on an apology tour next week.

I am really hoping that many, many law schools will issue statements condemning this sort of behavior. I also hope to hear from many other judges, especially liberal judges, condemning this behavior. "Crybullies." Well said, sir.

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