Bias: It’s Holding That Legal Texts Conflict With The Platform of the Texas Republican Party

Steve Benen points us towards some twelfth-rate agitprop by a sitting judge, which repeatedly uses the term “femifascist,” presumably to apply to people who believe that the state shouldn’t coerce (poor) women to carry pregnancies to term. Here are some of the other insights offered by Judge Dierker:

* The judicial tyrants’ legal theory in a nutshell: history and tradition count for nothing, the language of the Constitution is meaningless, and the only criterion for a law is whether or not it will advance the liberal agenda

* “All men are created equal, but some are more equal than others”: how affirmative action laws have enshrined this as a cornerstone of American law

* How liberal courts have used the largely trumped-up phenomenon of racial discrimination as the spearhead in their fight to take control of American culture

* How liberal judges and courts have radically revised both the Equal Protection Clause and the Fourteenth Amendment’s Due Process Clause

* Liberal legal notions of sexual harassment and sex discrimination: little to do with law and everything to do with power

* The liberals’ shoddy reasoning in arguing that the Constitution demands that religion have no place whatsoever in government or public life

* How Leftist judges are bent on weakening America in the war on terror by striking down anti-terror laws in the name of resisting “racial profiling” and “religious discrimination”

* Why recapture of the Senate and the presidency by the Democrats could spell the end of any association of American law with the Constitution on which it is supposed to be based

* Defiance of the Supreme Court: how and why, under certain carefully defined circumstances, it can and must be done

In other words, we’re pretty clearly dealing with a book that is not only Grade-A wingnuttery but utter crap as legal analysis. You have to like the fact that it complains about liberals ignoring original meaning and then argues that Courts should ignore the original intent of the 5th and 14th Amendments and strike down affirmative action laws, how only 50 years after the end of formal apartheid he can call racial discrimination a “trumped-up phenomenon,” and of course how he can accuse liberals of distorting the Equal Protection clause in the wake of Bush v. Gore. The juxtaposition between the appalling nature of affirmative action and the hearty endorsement of racial profiling is also good. I’d also love to know what radically lawless pro-feminist Supreme Court decisions he’s talking about; maybe U.S. v. Virginia, which was so radical it was joined by noted MacKinnonite William Rehnquist. And to top it all off, you have a sitting judge–after claiming that anyone who doesn’t share his far-right views doesn’t believe in the law at all–claiming that it can be acceptable to resist Supreme Court decisions.

Verdict: I think we’re dealing with someone who makes Mark Levin look like Blackstone. As well as someone utterly unfit to serve on the bench.

…UPDATE: As a correspondent reminds me, in fairness Dierker does talk about sexual harassment too. So perhaps he’s talking about Meritor, which was also written by that well-known far-left champion of human rights William Hobbs Rehnquist. Or perhaps he means Onacle v. Sundowner Offshore Services, which was written by prominent Andrea Dworkin disciple Antonin Scalia, with a concurrence from radfem in theory and practice Clarence Thomas. The femifascist conspiracy is a far-reaching one, brothers and sisters!