By Dr. R. Albert Mohler Jr., at http://www.albertmohler.com.
Now that the moral revolutionaries are solidly in control, what is to be demanded of Christians who, on the basis of Christian conviction, cannot join the revolution? The demands have now been presented, and they represent unconditional surrender.
The latest terms of surrender were delivered last week by Mark Tushnet, William Nelson Cromwell Professor of Law at Harvard Law School. In a stunningly candid essay, Tushnet declared a total liberal victory and chastised his fellow liberals for what he called a “defensive crouch liberal constitutionalism” that is now outdated. With liberals firmly in control of almost every power base in the culture — most importantly, the federal courts — there is no reason for liberals to play defense, he asserts.
As he makes his case, he argues that liberal judges are now in the majority and that the Supreme Court, given the death of Justice Antonin Scalia, is unlikely to reverse any liberal decisions handed down by lower courts. Federal judges, Tushnet argues, “no longer have to be worried about reversal by the Supreme Court if they take aggressively liberal positions.”
Ever the law professor, Tushnet called for liberal constitutionalists at every level to “compile lists of cases to be overruled at the first opportunity on the ground that they were wrong the day they were decided.” He also calls for liberal judges to “exploit the ambiguities and loopholes in unfavorable precedents that aren’t worth overruling.” He lists some of the decisions he targets and then goes on to criticize even some of the most liberal judges and justices, including Justice Ruth Bader Ginsburg, for being too defensive and looking over their backs at conservative critics. He also makes the apt assessment that, with a liberal victory in the culture now in hand, the revolutionaries can now stab Justice Anthony Kennedy in the back, politically speaking. That’s the thanks Justice Kennedy receives for making the liberal victory possible. He deserves nothing less.
But in the most crucial section of his essay, Professor Tushnet delivers the ultimatum to the losing side in the culture conflict, including evangelical Christians — “You lost, deal with it.” To his fellow revolutionaries Tushnet announces, “The culture wars are over; they lost, we won.”