The PJ Tatler

Ted Cruz May Not have a List of Communists at Harvard Law, But I Do

After all the howling and vituperative whining from left-wingers it turns out Sen. Ted Cruz (R-Texas) was absolutely correct when he said Harvard Law School had significant numbers of what might reasonably be called “communists.”

These “communists” adhere to a bizarre school of legal thought called critical legal theory. The brilliant Judge Alex Kozinski of the Ninth Circuit Court of Appeals describes critical legal studies (CLS) as “horse manure.”

Critical legal theory is anti-law. It’s like throwing a shrapnel grenade into a packed courtroom. Teaching it to law students is Marxist indoctrination, not education.

It takes the neo-Marxist perspective that the law is concerned with power, not justice. Because the law is a fraud perpetrated on the people, an oppressive tool of capitalism, imperialism, sexism, racism, and whatever other ism it is currently fashionable to attack, the legal system should be criticized endlessly as a means of tearing it down.

If you’re a communist it’s natural to embrace critical legal theory as a way of wrecking American society.

The issue arose recently when Jane Mayer, a reporter on the New Yorker’s anti-conservative beat, unearthed a three year old speech the freshman senator made in which he described Barack Obama as “the most radical” president “ever to occupy the Oval Office.”

Obama “would have made a perfect president of Harvard Law School” because “there were fewer declared Republicans in the faculty when we were there than communists!” said Cruz. “There was one Republican. But there were 12 who would say they were Marxists who believed in the communists’ overthrowing the United States government.”

Like most Americans, Cruz wasn’t using the plural form of the word communist with the precision of a political theory scholar. He was referring to people who believe that markets are fundamentally unjust and that physical force should be used to create a classless society. They believe in extreme, forced equality and boring sameness at the expense of freedom and individual rights.

A Cruz spokeswoman explained that her employer’s “substantive point was absolutely correct:  in the mid-1990s, the Harvard Law School faculty included numerous self-described proponents of ‘critical legal studies’ – a school of thought explicitly derived from Marxism – and they far outnumbered Republicans.” (For more on law school radicalism see Walter Olson’s wonderful book, Schools for Misrule: Legal Academia and an Overlawyered America.)

Naturally, Cruz, who earned his J.D. magna cum laude at Harvard Law School in 1995, has been vilified by left-wingers and mocked by the antique media for speaking truth to power.

He is portrayed as a liar, a bully, a lunatic, and –gasp!— a McCarthyite.

(Of course, the late Sen. Joe McCarthy had nothing to do with much of what has come to be known as McCarthyism. And he was correct about the presence of real, live, pro-Soviet Communist agents in the U.S. government, as M. Stanton Evans proved in his exhaustively researched book, Blacklisted By History.)

Left-wingers who apparently have no understanding of critical legal studies and its connection to communism trashed Cruz on cue.

For accurately describing his Harvard experience, the senator has been viciously attacked as a McCarthy wannabe by leftists such as Obama stenographer Greg Sargent, MSNBC halfwits Chris Matthews and Rachel Maddow, feral character assassin Michael Tomasky, the clueless Steve Kornacki, and a large echo chamber of radical journalists and useful idiots.

Cruz may not have put together a list of Bolsheviks at Harvard, but I’ve compiled one.

Harvard has been the center of the CLS movement for decades, a fact Time acknowledged in 2005. The magazine identified Harvard law professors Roberto Mangabeira Unger (#1), Morton Horwitz (#2), and Duncan M. Kennedy (#3) as “three of the best-known” CLS adherents.  (Kennedy is also a member of the far-left Democratic Socialists of America and the radical, pro-terrorist National Lawyers Guild. Bernardine Dohrn, incidentally, used to be an organizer for the NLG.)

Other “Crits” on the Harvard faculty are Mark Tushnet (#4) and David W. Kennedy (#5). In a 1981 law review article titled “The Dilemmas of Liberal Constitutionalism,” Tushnet wrote that if he were a judge he “would decide what decision in a case was most likely to advance the cause of socialism.”

Crits Northeastern University law professor Clare Dalton (#6) and University of Wisconsin law professor emeritus David Trubek (#7) taught at Harvard Law but failed to earn tenure.

CLS-friendly law professors with ties to Harvard are easy to find. Yale’s Jack Balkin (#8) and Georgetown’s Gary Peller (#9) and Louis Michael Seidman (#10) (author of the infamous column “Let’s Give Up On the Constitution”) all received their law degrees from Harvard. So did academic Peter Gabel (#11) (who is also associate editor at leftist magazine Tikkun).

Stanford professor Robert W. Gordon (#12), who has a Harvard law degree, organized a campaign at Harvard Law in support of Dalton and Trubek when they were trying to get tenure. Gordon whined at the time that Harvard had engaged in “red-baiting” the two academics.

CLS enthusiast Mark G. Kelman (#13), a highly cited law professor and vice dean of Stanford Law School, also earned his law degree from Harvard.

And don’t forget that while Barack Obama was a law student at Harvard, he studied under CLS guru Unger. Moreover, the late Derrick Bell (#14), Obama’s racist, Marxist mentor at Harvard Law, was a proponent of critical race theory, the multiculturalist Left’s race-obsessed spinoff of critical legal theory.

Harvard is not the only university infected by CLS-loving communists.

In the groves of academe today such communists are mainstream or close to it.