The Rehabilitationists: The Libertarian Movement to Undo the New Deal | The New Republic - Brian Beutler:
August 30, 2015 - "In November 2013, a who’s who of America’s conservative legal establishment descended on the Mayflower Hotel in Washington, D.C., for an annual meeting of the Federalist Society, the most influential conservative legal organization in the country. Current presidential candidates Scott Walker and Ted Cruz each made appearances.... Supreme Court Justice Clarence Thomas was a featured speaker.... One of the biggest stars of the conference, however, was neither a Senate-confirmed official nor an elected politician, but a libertarian law professor at Georgetown named Randy Barnett....
"'The younger people, the people in law school, they seem to be gravitating toward people like Randy,' said attendee Josh Blackman, an associate law professor at the South Texas College of Law and a close friend of Barnett’s. 'When he gets off the stage he’s mobbed. ... There’s a crowd of people five or six feet deep surrounding him'....
"Barnett and his compatriots represent the vanguard of a lasting shift toward greater libertarian influence over our law schools and, increasingly, throughout our legal system. They’re building networks for students and young lawyers and laying the foundation for a more free-market cast of federal judges in the next presidential administration. Their goal is to fundamentally reshape the courts in ways that will have profound effects on society....
"Barnett believes the Constitution exists to secure inalienable property and contract rights for individuals. This may sound like a bland and inconsequential opinion, but if widely adopted by our courts and political systems it would prohibit or call into question basic governmental protections—minimum wages, food-safety regulations, child-labor laws—that most of us take for granted. For nearly a century now, a legal counterculture has insisted that the whole New Deal project was a big, unconstitutional error, and Barnett is a big part of that movement today....
"All libertarians want to fight federal regulations in Congress and the executive branch. But Barnett and his allies think courts should be empowered to throw regulations out even if political majorities support them. These ... professors have established beachheads at law schools across the country. In 2002, UCLA law professor Eugene Volokh founded a blog, The Volokh Conspiracy, as a hub for libertarian ideas, including Lochner revisionism. Today, it has become the most prominent academic legal blog in the country and now publishes under the auspices of The Washington Post. It boasts nearly two dozen contributing professors and mainlines detailed and informed libertarian legal arguments to thousands of the nation’s top lawyers, law students, clerks, judges, and opinion-makers every day.
"The contributors to The Volokh Conspiracy teach at the University of Minnesota, Northwestern, Emory, Duke, and elsewhere. Several hold positions at George Mason University’s law school, which is famous for its conservative faculty and, in 36 short years, has rocketed to prominence as one of the 50 best law schools in the country....
"In 1991, two former members of the Reagan administration, Chip Mellor and Clint Bolick, founded the Institute for Justice, a libertarian public-interest law firm now based in Arlington, Virginia, with $350,000 a year in seed money from the oil and gas magnate Charles Koch. They’ve challenged state licensing laws on behalf of hair braiders, florists, and other tradespeople across the country, but have also undertaken loftier crusades, including a doomed effort to overturn the Davis-Bacon Act, which requires that contractors pay their employees competitive wages on government-funded projects....
"With five offices around the country, a legal clinic training students at the University of Chicago Law School, and a staff of nearly 100, the Institute for Justice has become a proving ground for aspiring, ideologically committed lawyers. Every year, the group sends lawyers to law schools around the country to give presentations on public-interest law and recruit students into its ranks."
Read more: http://www.newrepublic.com/article/122645/rehabilitationists-libertarian-movement-undo-new-deal
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August 30, 2015 - "In November 2013, a who’s who of America’s conservative legal establishment descended on the Mayflower Hotel in Washington, D.C., for an annual meeting of the Federalist Society, the most influential conservative legal organization in the country. Current presidential candidates Scott Walker and Ted Cruz each made appearances.... Supreme Court Justice Clarence Thomas was a featured speaker.... One of the biggest stars of the conference, however, was neither a Senate-confirmed official nor an elected politician, but a libertarian law professor at Georgetown named Randy Barnett....
"'The younger people, the people in law school, they seem to be gravitating toward people like Randy,' said attendee Josh Blackman, an associate law professor at the South Texas College of Law and a close friend of Barnett’s. 'When he gets off the stage he’s mobbed. ... There’s a crowd of people five or six feet deep surrounding him'....
"Barnett and his compatriots represent the vanguard of a lasting shift toward greater libertarian influence over our law schools and, increasingly, throughout our legal system. They’re building networks for students and young lawyers and laying the foundation for a more free-market cast of federal judges in the next presidential administration. Their goal is to fundamentally reshape the courts in ways that will have profound effects on society....
"Barnett believes the Constitution exists to secure inalienable property and contract rights for individuals. This may sound like a bland and inconsequential opinion, but if widely adopted by our courts and political systems it would prohibit or call into question basic governmental protections—minimum wages, food-safety regulations, child-labor laws—that most of us take for granted. For nearly a century now, a legal counterculture has insisted that the whole New Deal project was a big, unconstitutional error, and Barnett is a big part of that movement today....
"All libertarians want to fight federal regulations in Congress and the executive branch. But Barnett and his allies think courts should be empowered to throw regulations out even if political majorities support them. These ... professors have established beachheads at law schools across the country. In 2002, UCLA law professor Eugene Volokh founded a blog, The Volokh Conspiracy, as a hub for libertarian ideas, including Lochner revisionism. Today, it has become the most prominent academic legal blog in the country and now publishes under the auspices of The Washington Post. It boasts nearly two dozen contributing professors and mainlines detailed and informed libertarian legal arguments to thousands of the nation’s top lawyers, law students, clerks, judges, and opinion-makers every day.
"The contributors to The Volokh Conspiracy teach at the University of Minnesota, Northwestern, Emory, Duke, and elsewhere. Several hold positions at George Mason University’s law school, which is famous for its conservative faculty and, in 36 short years, has rocketed to prominence as one of the 50 best law schools in the country....
"In 1991, two former members of the Reagan administration, Chip Mellor and Clint Bolick, founded the Institute for Justice, a libertarian public-interest law firm now based in Arlington, Virginia, with $350,000 a year in seed money from the oil and gas magnate Charles Koch. They’ve challenged state licensing laws on behalf of hair braiders, florists, and other tradespeople across the country, but have also undertaken loftier crusades, including a doomed effort to overturn the Davis-Bacon Act, which requires that contractors pay their employees competitive wages on government-funded projects....
"With five offices around the country, a legal clinic training students at the University of Chicago Law School, and a staff of nearly 100, the Institute for Justice has become a proving ground for aspiring, ideologically committed lawyers. Every year, the group sends lawyers to law schools around the country to give presentations on public-interest law and recruit students into its ranks."
Read more: http://www.newrepublic.com/article/122645/rehabilitationists-libertarian-movement-undo-new-deal
'via Blog this'
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