You Lost, They Won

For John, BLUF:  Well that is the view from Harvard Law School.  Nothing to see here; just move along.

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Here we have two versions of the same story:

From The New Boston Post

Harvard prof says treat conservative ‘losers’ like post-war Germans

And from NewsMax

Harvard Prof to Liberals: Treat Conservatives Like Nazis

From The New Boston Post we have this lede:

CAMBRIDGE — Liberals have won the culture wars, and should start taking advantage of their victory, Harvard Law School Professor Mark Tushnet wrote in a recent blog entry that has drawn much attention for suggesting conservatives should be treated like post-war Germans and Japanese.

Tushnet, who teaches constitutional and civil rights law, argues on the 13-year-old Balkinization blog that with the U.S. Supreme Court no longer dominated by conservative justices, it’s time for liberal lawyers to ditch their “defensive-crouch constitutionalism.”

“The culture wars are over; they lost, we won,” he wrote, referring to conservatives as “they” and including himself among the liberals. “And they had opportunities to reach a cease fire, but rejected them in favor of a scorched earth policy. The earth that was scorched, though, was their own.”

Here is the lede from NewsMax:

A Harvard law professor has proposed dealing with what he calls conservative "losers in the culture wars" with a hard line similar to what was done to Germany and Japan after World War II.

His suggestion comes in a blog post at Balkanization outlining what he says should be an abrupt change in mindset of liberal thinkers to finally abandon "defensive-crouch constitutionalism" in a desire to shape the courts and their rulings.

The professor says:

The culture wars are over; they lost, we won.

By the way, in Post-WWII Germany, in the Western Zone, there were trials of members of the National Socialist Government, but the fact is that the Allies needed former Nazis to make the system work.  Yes, "they" lost, but most of them were allowed to continuing functioning, but under a new set of rules.  The Professor is weak on history.

Regards  —  Cliff