Whining About Article III

The latest tract by Erwin Chemerinsky, liberal law professor and dean of the University of California at Irvine School of Law, is depressingly familiar. Like his Enhancing Government: Federalism for the 21st Century (2008), The Conservative Assault on the Constitution (2011), and The Case Against the Supreme Court (2014), his new book is a diatribe masquerading as legal scholarship. The usual villains—conservative Supreme Court justices, malevolent government officials, rapacious corporations, racist police officers—are pitted against the wrongly accused, helpless consumers, and oppressed victims of discrimination.

Closing the Courthouse Door: How Your Constitutional Rights Became Unenforceable presents one-sided vignettes drawn from actual cases, with factual nuances omitted to achieve the desired degree of caricature. With his straw men thus erected, Chemerinsky proceeds to tear them down, all the while claiming to expose the treachery of the evil-doers du jour. According to him, the only things standing between innocent citizens and despotism are Progressive federal judges and the protections of the living Constitution they enforce.

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