The Tyranny of Tolerance

Chapter 1
The Cloud Cuckooland of Radical Feminism

Differences [between men and women], including the products of social inequality, make unequal treatment not unequal at all.
—Catharine MacKinnon, “Reflections on Sex Equality Under Law,” Yale Law Journal, 1991

This most illiberal Court . . . has embarked on a course of inscribing one after another of the current preferences of the society (and in some cases only the countermajoritarian preferences of the society’s law-trained elite) into our Basic Law.
—Justice Antonin Scalia, dissenting, United States v. Virginia (1996)

Do you think judges should be able to write freely about the law? Do you think that judges should sound the alarm if radicalism threatens to hijack the legal system itself?

Do you think judges should be truly independent of any dominant legal elite?

I believe that judges can and must write freely about the law, and that they have a positive duty to resist political forces that try to take over the legal system. I believe that judicial independence actually means more than never having your salary cut—that it means speaking and writing about threats to that independence from any source.

I have taken an oath to support the Constitution of the United States. I cannot in good conscience sit idly by and watch the destruction of that Constitution by a judiciary that is no longer independent. Despite a tradition of silence by judges on such topics, I can no longer keep quiet about what I, as an insider, have seen happening in, and to, our courts. I may be accused of unethical conduct and threatened with professional discipline, as I was in the past. If that is a risk I must take, so be it. Others before me have taken much greater risks in defense of republican government.

I have witnessed liberal totalitarianism on many fronts as both a lawyer and a judge, but it is fair to say that I probably would not have written this book if I had not had my own, very direct run-in with the tyrants of tolerance. That unpleasant personal experience forced me to do some serious thinking about what is happening to American law, how it is happening, and who is making it happen. And finally it convinced me to write this book, and to accept whatever consequences came from publishing it.

That run-in occurred when I dared confront one of the most active elements of liberalism: the radical feminists.

“Manifesting Bias”

If Social Security is the “third rail” of American politics, then sex is the third rail of American law. Anyone who touches it, except in the manner approved by the tyrants of tolerance, is fried. In this realm, the tyranny of tolerance is best described as rule by the radical feminist cadre of liberalism. Like the rest of the illiberal liberals, femifascists display single-minded devotion to imposing their tyranny on the American people—and will viciously punish those who resist.

I learned this from painful experience.

In 1998, a case came before me in which a woman alleged that the male defendant, who apparently had been her employer, had inflicted emotional distress based on alleged sexual harassment. The defendant’s alleged harassment involved making sexual advances and touching the plaintiff (in a manner that stopped well short of actual sexual assault). The plaintiff had previously litigated a claim

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Title of ebook: The Tyranny of Tolerance
ISBN: 9780307393562
parent-ISBN: 9780307339195
Publisher: Crown Publishing Group
Published: 12-2006
Released online for download: 12-26-2006
Author of eBook: Dierker, Robert H. Jr

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The Tyranny of Tolerance

A Sitting Judge Breaks the Code of Silence to Expose the Liberal Judicial Assault
Chapter 1
The Cloud Cuckooland of Radical Feminism

Differences [between men and women], including the products of social inequality, make unequal treatment not unequal at all.
—Catharine MacKinnon, “Reflections on Sex Equality Under Law,” Yale Law Journal, 1991

This most illiberal Court . . . has embarked on a course of inscribing one after another of the current preferences of the society (and in some cases only the countermajoritarian preferences of the society’s law-trained elite) into our Basic Law.
—Justice Antonin Scalia, dissenting, United States v. Virginia (1996)

Do you think judges should be able to write freely about the law? Do you think that judges should sound the alarm if radicalism threatens to hijack the legal system itself?

Do you think judges should be truly independent of any dominant legal elite?

I believe that judges can and must write freely about the law, and that they have a positive duty to resist political forces that try to take ov ... read full excerpt from: The Tyranny of Tolerance ebook

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