February 2, 2019

MARK PULLIAM: The Texas Law Review joins The Resistance.

Several features of the symposium lead me to question its neutrality. First, the panelists include the “usual suspects” of progressive activism, including UC Berkeley Erwin Chemerinsky, Harvard law professor Mark Tushnet (discussed here), and UT’s own Steve Vladeck. The “center-right” panelists include NeverTrumpers Ilya Somin and Jonathan Adler, both signatories to the “Originalists Against Trump” statement prior to the 2016 election. The panels lack balance, as one might suspect from the ACS sponsorship.

More troubling is the selection of the opening keynote speaker, Sally Q. Yates. Yates’ claim to fame, aside from being a deputy AG in President Obama’s DOJ, serving under Eric Holder and Loretta Lynch, is that for 10 short days she was “acting” AG under President Trump as a holdover appointment. She was fired when she refused to defend the President’s “travel ban” order, which was ultimately upheld by the U.S. Supreme Court. Yates was a partisan who was properly dismissed for insubordination, yet her selection as keynote speaker obviously attempts to portray her as a heroine or even a martyr.

Rule of Law.