Law, Law, Everywhere There's Law

Anytime a lawyer looks at a new industry, he or she is immediately struck by just how much law there is about it. It can be quite intimidating. In order to, say, build a water treatment plant, it isn't enough to simply know how to build the plant. One has to be aware of a massive buffet of rules and regulations that govern the field -- zoning, building codes, environmental approvals, laws governing any financing -- the list goes on and on. The amount of effort it takes just to know what you need to know, let alone to actually know it, let alone to actually do it, is daunting. Good for me professionally, but daunting.

So in that sense I can be sympathetic to complaints that there is too much red tape stifling businesses. But then I think about it a little more, and I can't help but think my complaint boils down to crying that filling important social functions takes hard work. Poor us -- we'd like to be able to plan the development of a major public utility in an afternoon and then golf for the next three weeks, but we can't (thanks, Obama). And phrased that way, it feels a little ridiculous.

Things People Blame The Jews For, Volume V: Law (Schools)

I have begun my trek into the world of legal practice, but it is important to remember my roots as a legal academic. Specifically,, a Jewish legal academic. Oh, does that rub some people the wrong way [http://vnnforum.com/showthread.php?t=78280]:

They’re barely two percent of the population, but research indicates that jews occupy slightly more than half of the teaching slots at America’s top ten law schools. (By ranking of U.S. News & World Report, these are: 1. Yale; 2. Stanford; 3. Harvard; 4. Columbia; 5. NYU; 6. Chicago; 7. Berkeley; 7. Michigan; 7. Pennsylvania; 7. Virginia.) The same people who give you the endless song and dance about overrepresentation of white males in every sector they haven’t yet commandeered for themselves have nepotistically positioned their racial crime syndicate to decide who becomes a power player in 21st-century AmeriKwa -- and they breathe not a word of this prodigious legal enormity to the mass public. The simple fact is, jews and people trained to think like them exercise an effective monopoly over the legal profession. In a country in which you can hardly pick your nose without counsel, that fact is grounds for some very serious thought about where we’re headed, and what’s going to be left of normal whites like you and me when we get there.

VNN researched the matter online (you can verify all the findings, the names and pictures, online at vnnforum.com ). This was easy to do, since all these schools list their professors by name. It is clear from the very look and feel of these sites that the attitude of the folks training our top lawyers is the same as the jewish business owner who said, “I only hire jews, women, and gays.” Normal white males need not apply, and the ones who do attend these schools, are either self-hating liberals to start with, or bent that way after Prof. Selznik’s “words mean what they have to” course. Simply look at the graphics used by these top ten schools to see the future this type envisions: women and coloreds and jews, with nary a white male to be found. This is the utopia the jew prepares for our race. When they say “abolish,” they mean it. White genocide is very plainly the agenda of the jews who control our law schools.

Of course, this raises tantalizing questions about my own exit from an academy that was apparently built for my own personal pleasure. Was I expelled as a dissident from the Elders' orthodoxy? One would think my anti-discrimination law focus would have kept me safe from charges of apostasy. Maybe the problem was the opposite, my lack of subtlety? Or perhaps it was random caprice -- sometimes, a random zag is the best way to throw folks off the trail. Regardless of the explanation, one can be sure it is nefarious.

Tantrum Ad

If I were a Democratic strategist tasked with running ads right now (or really, right after the shutdown), this is the one I would have run:

SCENE: Two PARENTS, a MOM and DAD stand outside a closed door. Inside, a TODDLER can be heard screaming and throwing a tantrum. The parents look at each other.

MOM: Should we say something?

DAD: I think we have to.

They enter the room. Inside, is a child's bedroom with toys reflective of Washington (e.g., a miniature Washington Monument. The toddler is revealed to be an older white man in a baby outfit featuring an elephhant -- a CONGRESSMAN.

MOM: Do you know why you're in here?

CONGRESSMAN (sullenly): No.

MOM: Yes you do. The government shut down, the debt ceiling, the constant obstruction ...

DAD: I know you oppose expanded health care access, but that's not appropriate behavior.

CONGRESSMAN [screaming]: But I hate it! I HATE IT I HATE IT I HATE IT!

[He throws the toy Washington Monument, which bounces off of MOM's chest. She closes her eyes in exasperation.]

MOM: You're in timeout until you learn how to behave yourself.

[The CONGRESSMAN resumes screaming, and both parents leave the room]

MOM: That hard.

DAD: I know, but if he's not punished, he won't learn.

Scene ends, splash screen comes up asking people to send Republicans in Washington a message

Call me any time, DCCC.

Pope Fraud!

Allegations of widespread "voter fraud" is a story I've followed with some interest over the past few years, despite the fact that "voter fraud" in the United States is virtually non-existent. This factoid seems not to discourage anyone, and certain themes stand out in the attempts to stir up a panic about it:

1) Voter fraud is an organized part of a vast conspiracy to bring America under the dominion of scary Marxist brown people, probably at the orchestration of ACORN.

2) Voter fraud is epidemic, despite its empirical rarity.

3) Relatively minor instances of voter irregularities will be drummed up and exaggerated beyond all reason as proof of said epidemic.

Following these conclusions gives a rather different spin on this report about the circumstances of Cardinal Bergoglio (now Pope Francis') election to the papacy:

What happened? After the fifth ballot was cast and the ballot box containing the votes of the 115 cardinal electors opened, the ballots were counted as always before being scrutinised and the resulting number was 116. There was one extra ballot. One of the cardinals had mistakenly placed two ballots in the box without realising it: one contained the name of his preferred candidate and the other was blank.

The mistake meant the whole voting session had to be cancelled, without the ballots even being scrutinised. If they had, Bergoglio would probably have probably come out on top. It was decided that another vote should be cast immediately. The mishap would not have influenced the cardinals in any way as none of them knew what name (in this case none) was on the extra ballot. On the sixth ballot and after the fifth scrutiny, the Archbishop of Buenos Aires won a clear majority: way above the expected quorum of 77 votes. Then the white smoke billowed out of the Sistine Chapel chimney and Pope Francis greeted the crowds for the first time.

Seems an amusing if innocuous story. But translated into the American fever swamp coverage of voter fraud, and we'd get something like this:

Catholics were shocked when Hispanic Cardinal Jorge Bergoglio was elected to the Papacy. His radical views and known ties to Latin American Marxists have already manifested in a papacy that has at every turn eviscerated traditional Catholic values. But the mystery may have been solved: A Breitbart exclusive reveals that his "election" may have actually been the result of widespread fraud in the sacrosanct election proceeding. Sources inside the Vatican have confirmed that one of the election rounds simply wasn't counted after an unrevealed Cardinal was caught trying to stuff the ballot box. Despite evidence of a potential corruption scandal, allies to Cardinal Bergoglio not only refused to tabulate the ballots, they forced a highly irregular immediate revote where their preferred candidate surged to a shocking victory .....

And so on and so forth.

We Are ... The Resistance

And this, ladies and gentlemen, is why I wanted to become a lawyer.

The government has moved to ban the [defense from using the] word “government” [to refer to the prosecution]. The State of Tennessee offers precisely zero legal authority for its rather nitpicky position, and the defense can find none. The Plaintiff has failed to carry its burden on this motion. Moreover, the Plaintiff’s proposed ban on speech would violate the First Amendment. The motion should be denied.

Should this Court disagree, and feel inclined to let the parties basically pick their own designations and ban words, then the defense has a few additional suggestions for amending the speech code. First, the Defendant no longer wants to be called “the Defendant.” This rather archaic term of art, obviously has a fairly negative connotation. It unfairly demeans, and dehumanizes Mr. D.P. The word “defendant” should be banned. At trial, Mr. P. hereby demands to be addressed only by his full name, preceded by the title “Mister.”

Alternatively, he may be called simply “the Citizen Accused.” This latter title sounds more respectable than the criminal “Defendant.” The designation “That innocent man” would also be acceptable.

Moreover, defense counsel does not wish to be referred to as a “lawyer,” or a “defense attorney.” Those terms are substantially more prejudicial than probative. See Tenn. R. Evid. 403. Rather, counsel for the Citizen Accused should be referred to primarily as the “Defender of the Innocent.” This title seems particularly appropriate, because every Citizen Accused is presumed innocent.

Alternatively, counsel would also accept the designation “Guardian of the Realm.”

Further, the Citizen Accused humbly requests an appropriate military title for his own representative, to match that of the opposing counsel. Whenever addressed by name, the name ”Captain Justice” will be appropriate. While less impressive than “General,” still, the more humble term seems suitable. After all, the Captain represents only a Citizen Accused, whereas the General represents an entire State.

Along these same lines, even the term “defense” does not sound very likeable. The whole idea of being defensive, comes across to most people as suspicious. So to prevent the jury from being unfairly misled by this ancient English terminology, the opposition to the Plaintiff hereby names itself “the Resistance.” Obviously, this terminology need only extend throughout the duration of the trial — not to any pre-trial motions. During its heroic struggle against the State, the Resistance goes on the attack, not just the defense.

WHEREFORE, Captain Justice, Guardian of the Realm and Leader of the Resistance, primarily asks that the Court deny the State’s motion, as lacking legal basis. Alternatively, the Citizen Accused moves for an order in limine modifying the speech code as aforementioned, and requiring any other euphemisms and feel-good terms as the Court finds appropriate.

The government's motion was denied.

The Importance of Being Earnest

There is a widespread consensus that the attorney who argued for the plaintiffs in Schuette v. Coalition to Defend Affirmative Action (regarding the constitutionality of Michigan's anti-affirmative action constitutional amendment) did a poor job. The chatter about her performance is amplified because she was not originally scheduled to argue the case, instead substituting at the last minute. There's been a lot of speculation about why that happened, but Tony Mauro may have uncovered the answer:

Detroit civil rights lawyer Shanta Driver made a last-minute decision to argue in a high-profile Supreme Court affirmative action case on Oct. 15 in part, she said, because so few African-American lawyers appear before the justices.

Speaking at a rally of affirmative action supporters in front of the court after the argument, Driver said that only one black lawyer—who spoke for 11 minutes—appeared last term before the justices. It was important, she added, for her as a black woman to argue in Schuette v., Coalition to Defend Affirmative Action to show the justices that someone “who really could speak for the movement” was making the case to save affirmative action.

Her comments, which have gone unreported, help solve the mystery surrounding Driver’s surprise appearance before the court in one of its most important cases of the term. Until the morning of the Supreme Court arguments, Driver’s law firm partner George Washington, who is white, was listed by the court as the one who would make the case for state programs that give a boost to minorities.

Josh Blackman declares this to be "startling" and "patronizing to the Justices." But I'm not sure that's fair.

I should preface by saying that I don't have an opinion on whether the attorney's performance was in fact good or bad -- both because I haven't listened to the argument and, more importantly, because I agree with the also-generally-agreed-upon consensus that she was drawing dead to begin with. And we will never truly know whether the decision to swap in Driver would have made any difference. Counterfactuals are of course impossible and most people are skeptical that the quality of oral argument really impacts the Supreme Court's decisions, particularly in high-profile cases like this.

All that being said, I do want to make the simple observation that the way in which the race of an advocate or interlocutor affects the way we make decisions is an empirical and psychological one, and shouldn't be waved away on the grounds that it is "patronizing." There are many people affiliated with the Court in the early 90s who are convinced that the presence of Thurgood Marshall deterred his colleagues from being as aggressive as they would have liked in rolling back Warren Court race precedents, and that it made a significant difference when he was replaced by Justice Thomas. Driver seemed to think that it was important for liberal judges to see her, and perhaps her presence would impact how hard they'd dig in their heels in writing their dissent (or whether to dissent at all).

The point is that the impact on race in modern society is often framed in terms of politeness -- it's impolitic or rude to speculate that something like race might matter. But the impact of race on perception exists independently of how we would like polite society to operate, and we shouldn't be short-changing inquiry into the question by framing the entire question as ill-mannered.

Energizer Bunnies

I had my first day of work today. Obviously, I've had quite a few "first days of work" before, but this one was different because unlike all of my previous jobs, this one is of indefinite duration. Summer jobs end with the summer ends, my clerkship and my teaching position were both for defined one-year stints. But my tenure at a law firm can continue on and on, until one of us decides to cut the cord. In the words of Community's Mr. Radison:

This is forever. This is what we do now. This is who we are.

But God willing, someday I will win regionals.

Things People Blame the Jews For, Volume IV: Sex

"Every generation," the saying goes, "thinks it invented sex." Wrong. The Jews invented sex -- at least, the dirty, perverted, sexy sex whose kinky hotness is erotically destroying civilization as we know it. From "The Secret Sex Life of the Jews" [http://www.veteranstoday.com/2013/10/19/secret-sex-life-of-the-jews/]:

No class of men appears to be quite as sex-obsessed as the Orthodox Jews and the rabbinate. If you compare the religious texts of the various world religions, you will find that all of them—with the single exception of Judaism—maintain a high moral tone throughout. They don’t keep harping on about breasts and penises, prostitutes and semen. Judaism does.
[...]
Jews certainly have sex on the brain. And they have transmitted their obsession to the rest of society. We have all become infected, to a certain degree, with the sex virus.
[...]
Of one thing we can be reasonably certain: any society that attracts large numbers of Jews can expect within a few years to enter a spiral of decadence. Moral anarchy sets in. Sexual promiscuity throws open its Pandora’s box of evils. We saw it in Weimar Germany.

We see it gathering pace in America today. We see it above all in Israel, a society of fanatical settlers and rabid right-wing rabbis: a country surely doomed to implode from within, sooner or later, under the pressure of its own moral and military excesses.

I cannot help feeling that a great storm is brewing and that only a military coup or revolution can now save America. Save it from what? From the spiritual cancer that is consuming it from within, and from the iniquitous wars into which it is being lured— Afghanistan, Iraq, Libya, Syria, and soon perhaps Iran—on behalf of a foreign nation and its disinfo agents in America.

Unless a miracle soon occurs and some charismatic leader comes to our rescue, an unimaginably bleak future surely awaits us: a future in which the only consolations left to us will be mindless entertainment, drugs, alcohol, sexual intoxication — and suicide.

This is ridiculous of course -- anyone who thinks suicide will save them from the endless march of Jewish sexy sex obviously has never heard of autoerotic asphyxiation (thanks Hebrew school!).

That being said, you can't deny that she has a point. Jews are overwhelmingly liberal on issues of sex and sexuality. Seventy percent support gay marriage. Ninety percent support legalized abortion in most cases. Ninety four percent of Jews reported having premarital sex. Shameful, I know. And as this exclusive behind the scenes footage of a typical Bar Mitzvah demonstrates, dirty, filthy sex lies at the very center of what it means to be a Jew:

Citicare

Citibank just emailed me to let me know that I have some rewards points expiring at the end of the year. Since I am mandated to use them or lose them, I dutifully logged onto the Citibank "Thank You" website to see what my ~6000 points could buy me.

The website is a disaster. Every page has failed to load at least once if not multiple times that I've clicked on it, making it virtually impossible to browse for items (let alone filter my searches). Once it spontaneously logged me out of my account, causing me to have to start everything over. I finally found a product that I wanted (a cast iron skillet), but I had to enter a new shipping address, and I can't do that because each time I click "submit" the page times out and I have to reinput the information.

In conclusion, clearly Citibank is a failure and must be repealed, and the entire project of private capitalist enterprise has been discredited.

Project Runway All-Stars 3: Initial Thoughts

They don't give us any time to relax, do they? The week after Season 11 of Project Runway ends (and immediately following the reunion special), we begin a new season of all-stars! Some first thoughts:

* When they started to announce the designers' mentor, Jill and I squealed with excitement in anticipation of Joanna Coles. And then it was Zanna Roberts Rassi. Such a quick mutual high-to-low is a rare thing.

* I can't believe there's already been three seasons of all-stars (and that doesn't include the special one episode all-stars challenge they did when the show moved to Lifetime. Everyone forgets about that).

* Andy South changes gender and becomes Ari South, and she still isn't the designer whose look has altered the most. That honor goes to Jeffrey Sebelia, who now looks like an extra from a Jeff Foxworthy routine. Elena doesn't count because Elena looks like a completely new person every single episode, thanks to an infinite array of hairstyles.

* I'm glad Viktor didn't go home. I liked his look and generally like his aesthetic, and think he has more to show. I think Melissa was the clear loser of the challenge though (Korto was a bit lucky to be safe, I thought, and Daniel's usual insanity coin-flipped the wrong way).

* I'm not Seth Aaron fan, but that outfit rocked. Also, his vibe is now more "L'oreal executive vice president" than his previous "hyperactive clown." It's an improvement.

* Elena wins her first ever challenge! No complaints by me -- the look was very cool and very her. I have no doubt, however, that she will still bring the crazy this season.

* Also, I understand she meant well, but greeting the guest judge/theme with "my dad will be so psyched" is probably not the preferred reaction.

* Irena's dress! Va-va-voom! Definitely could have seen that on top.

Currency Manipulation

The Washington Post issues its endorsements for local Virginia House of Delegate seats. All four are currently occupied by Republicans, and there discussion of each race begins by observing that, in essence, the incumbent is a lunatic. There's the one who was one "of a handful of lawmakers to speak out against an otherwise highly qualified judicial nominee who happened to be gay." There's the one who "voted to study whether Virginia should develop its own currency as a hedge against financial chaos." There's the one whose "contempt for homosexuals is surpassed only by his disregard for women who have abortions; he suggested that God exacts vengeance on women who abort their fetuses by assuring that their next pregnancy will produce a disabled child." And finally there's the one "who has tormented gays, immigrants and women with his right-wing views."

Well, that makes life easy doesn't it? Not so fast! Two of these four somehow managed to get the Post's endorsement anyway. That's because it appears that the Post's only criteria for its endorsement was a vote for a transportation bill the paper thought was important. Two of the incumbents voted for the bill and garnered an endorsement, two opposed it and saw the nod go to their challenger. Simple as that.

In case you're curious, the lucky duo who got the endorsement were Mr. Won't Vote for the Gay and Mr. Create our own Currency (incredibly, the Post managed to call both "pragmatists" for their transportation vote in the same paragraph that they opened by detailing their extremism).

And They Never Saw a Latte Again

Some folks are buzzing about the fact that Conde Nast is ending its internship program after being sued for not paying its workers. This has led to some gloating from libertarian sorts, who are elated to inform us that when government forbids for-profit employees from working for free (or for pennies), sometimes the opportunity to work at starvation wages goes away!

Color me unconvinced. I'm truly unconvinced that nobody at Conde Nast will now be doing ... whatever it is that the interns did that allegedly kept them in the office 12 hours at day at $12 a day. The difference is now the person (a) won't be called an "intern" and (b) will get something approximating an entry-level worker's salary. This is not a bad thing. Indeed, it is kind of the point. Whatever wonderful experiences one gets by being one's own Devil Wears Prada extra is now available to people who actually need their jobs to pay money.

The 47%, Redux

Maine Governor Paul LePage (R) takes a page out of Mitt Romney's book (via):

Maine Gov. Paul LePage (R) took a page from the Mitt Romney playbook when he told a conservative audience at an event last week that 47 percent of able-bodied people in the state don't work, the Bangor Daily News reported Tuesday.

[...]

"Number two, when you talk about workforce development, it really means that the people that -- about 47 percent of able-bodied people in the state of Maine don't work," LePage said. A woman can then be heard on the recording reacting to that figure, to which LePage reiterated "About 47 percent. It's really bad."

Politifact rates this statement "mostly true" because the real figure undoubtedly contains two digits followed by a percent symbol.

Sweet Home Alabamacare

One of the interesting points about Obamacare's supposed unpopularity is that it combines the people who don't like it because it's liberal socialist communist overreach, and the people who don't like it because they're holding out for single-payer. The GOP, naturally, really represents only the latter constituency. And while such persons do represent the majority of the loyal Obamacare opposition, breaking the numbers out is rather revealing. 41% of Americans support Obamacare, and another 12% oppose it because they wish it was more liberal. Only 38% of Americans oppose it on conservative grounds. To put that in perspective, 38% is roughly the vote share President Obama managed to win in Alabama in 2012.

Now this does raise the question of who exactly these 12% not-liberal-enoughers are. I, for example, might wish Obamacare was more liberal than it is, but I still won't say I oppose it. There are some Americans who really are left-wing enough so they oppose, on substance, mainstream liberal policy objectives, but I don't think they total 12%. There's probably some remnants of the firebagger wing of the party mixed in here. And there are probably some people who, unlike me, will vote "opposed" in a poll question of this sort of they can conceive of any policy they'd prefer to Obamacare, even if they don't find the law itself to be particularly objectionable.

In all cases, to say such people won't vote Republican is not to say they will vote Democratic, but obviously to the extent that 12% has a lean, it will lean in favor of the Democratic Party.

Quote of the Weekend

Talk radio host and far-right extremist Alex Jones hosted a gun rights rally at The Alamo, which concluded by raffling off various high powered firearms. Scott Eric Kauffman remarks:

Because nothing says “America is a meritocracy!” more than a game of chance in which the winner obtains enough firepower to take out the losers.

Things People Blame Jews For, Volume III: Rudeness of the French

I had an idea for this week's "things people blame Jews for" edition. It was solid, and thematic around a life event of mine. But sometimes, things just fall into your lap, and you can't bear to let them pass. So it is with this week's entry, wherein we discover that Jews are to blame for ... the rudeness of the French [http://henrymakow.com/2013/10/French-Rudeness-Due-to-Occult-Attack%20.html].

In general, the French are rude because as a people, we are under attack.

Most of people just reflect back the aggression they are suffering themselves.

We are under an occult attack from the Masonic Jewish cabal that controls France. Although the majority of French cannot identify this source, we are reacting to the evil we are being fed by the media, politics and culture as a whole.

We've been uprooted as a Christian people, and the loss of Christianity as religion, ethic, moral values, communication, education and so on, is what's turning us into reckless maniacs.

We do not know how to interact with others nicely because evil is being forced down our throat daily. This creates a deep sense of moral discomfort and insecurity. And when you add the constant influx of foreigners into the country, inspired by the Masonic Jewish cabal, you end up with a people that feels (the word is not too strong) terrorized.

I have to admit this one surprised even me. Typically, Jews are blamed for grand social calamities or massive disasters. Being blamed for a bad attitude is distinctly small ball -- even if it does come tied to our supposed control of an entire nation-state. On the other hand, at some level it also is demonstrative of our limitless reach and zeal for control. Any tyrannical cabal can control a banking system -- it takes a true attention to detail to be responsible for individual mood swings as well.

While the hat tip goes to Adam Holland, this post had to be dedicated to Phoebe Maltz Bovy, given that it is basically the bizarro version of her own blog.

Norm Geras, RIP

Norm Geras, writer of the famous NormBlog, has passed away. He was a superb writer, an incisive thinker on topics of political philosophy generally and Jewish experience particularly, and a valued member of the blogosphere. Though I only interacted with him a few times, he was unfailingly courteous and thoughtful in all of my interactions.

Rest in Peace, Norm. You'll be missed.

Followers

One of the nice things about being a politics junkie in DC is that everyone else is a politics junkie too. Even the muggers:

An attempted mugging on Capitol Hill was thwarted Monday night by a quick-thinking victim — one who apparently keeps an eye on national security news.

The victim was walking home to her Capitol Hill townhouse when she was violently confronted by a man in the dark, grassy area between the Securities and Exchange Commission and the Heritage Foundation.

The assailant grabbed the victim's arm and demanded her wallet and phone. "I said the first thing I could think of," the victim, who asked to remain nameless, told the Washington Examiner.

The victim, who weighs a petite 95 pounds, explained to the assailant she was an intern with the National Security Agency. As an intern, she said, she had no cash to fork over (she is actually a staffer at a D.C. nonprofit, and in fact did have cash on her).

[...]

The victim elaborated further, warning the would-be mugger that the phone she held in her hand — complete with a pink-and-blue Lilly Pulitzer case — would be tracked by the NSA if she were to turn it over.

"I told him that the NSA could track the phone within minutes, and it could cause possible problems for him," the victim recounted.

The NSA has been in the spotlight this year due to controversial and far-reaching intelligence-gathering programs it had kept hidden from public knowledge.

Perhaps wary of just how far the NSA would go to keep its assets safe, the assailant just "looked at me and ran away," the victim said.

Well played. And good on the criminal too, for staying abreast of the news.

Sticky Slopes on the California Law Review Website

Here's a link to a PDF of Sticky Slopes on the California Law Review's website, as well as the final abstract:

Legal literature is replete with references to the infamous "slippery slope"-situations in which a shift in policy lubricates the path towards further, perhaps more controversial, reforms or measures. Less discussed is the idea of a "sticky slope." Sticky slopes manifest when a social movement victory acts to block, instead of enable, further policy goals. Instead of greasing the slope down, they effectively make it "stickier." Despite the lack of scholarly attention, sticky slope arguments show up again and again in legal argument, particularly in areas focused on minority rights. Formal legal doctrine can create sticky slopes insofar as it reduces legal protections for marginalized groups as they gain political power. Informally, sticky slopes can also develop through backlash, through legal arguments whose valences drift from their original intention, or through society's exhaustion with attempting to address the problem of inequality to seemingly little effect.


I argue that attentiveness to sticky slopes is important for three reasons. First, awareness of the prospect of a sticky slope can be important in long-term social movement strategizing. Where social movements are in pursuit of a cluster of related political ends, they will want to choose their tactics carefully so as to minimize the degree that their past accomplishments can be turned against them. Second, when deployed by legal actors, sticky slope arguments sometimes do not play true causal roles, but instead act as a mask for other, less tolerable justifications. Unmasking sticky slope logic can force legal policymakers to be more explicit about the rationales and implications of their decision. Third, sticky slopes reveal how prior victories are themselves sites of social conflict and controversy over meaning, which social movements will want to turn to their preferred ends.

David Schraub, Sticky Slopes, 101 Calif. L. Rev. 1249 (2013).

Identifying the Problem

Seventh Circuit Judge and noted polymath Richard Posner has come out and stated that he was "absolutely" wrong to have voted to uphold voter ID laws. Posner authored a 2-1 opinion in Crawford v. Marion County, later upheld by the Supreme Court, which affirmed the constitutionality of Indiana's voter ID requirement.

Yes [I got the Crawford case wrong. Absolutely. And the problem is that there hadn't been that much activity with voter identification. And ... maybe we should have been more imaginative ... we ... weren't really given strong indications that requiring additional voter identification would actually disfranchise people entitled to vote. There was a dissenting judge, Judge Evans, since deceased, and I think he is right. But at the time I thought what we were doing was right.

It is interesting that the majority opinion was written by Justice Stevens, who is very liberal, more liberal than I was or am.... But I think we did not have enough information. And of course it illustrates the basic problem that I emphasize in book. We judges and lawyers, we don’t know enough about the subject matters that we regulate, right? And that if the lawyers had provided us with a lot of information about the abuse of voter identification laws, this case would have been decided differently.

I don't necessarily disagree that there were, in fact, plenty of people who had the knowledge and imagination to understand how voter ID laws would act primarily to disenfranchise selcted classes of voters while doing virtually nothing to staunch the voter fraud non-issue. Nonetheless, Judge Posner deserves a nod of approval for admitting that he was wrong on such a high-profile issue. Between this and A Failure of Capitalism, Judge Posner has shown an admirable willingness to revisit his positions when new facts warrant it, and that is laudable.