Phi Beta Cons

The End of the End of the Culture Wars

Now and again, someone announces that the culture wars are over, or nearly over, or that they should be over. But the truth is that the culture wars can never end in any foreseeable future, nor should they. For one thing, the liberal takeover of the culture is far advanced but based on lies, which must be challenged.

For another, there are Justice Antonin Scalia’s three criteria for whether a Supreme Court decision should be considered settled law under stare decisis. One of his tests is whether the decision has earned general acceptance. He offers as an example the incorporation doctrine, which applies the Bill of Rights to the states. Scalia believes this was incorrectly decided, but it has been widely accepted, so he would not reverse it. But Grutter v. Bollinger and a host of other decisions have been wrongfully decided and continue to arouse forceful opposition years, even decades, after their having been handed down. This opposition keeps alive the issues involved.

So the only thing preventing outrageous, often ridiculously poorly argued and insultingly unsubstantiated decisions’ becoming settled precedent — mocking the rule of law and the Constitution, destroying the fabric of our society, and remaking our country into a mediocre coercive caretaker state — is popular resistance, which means . . . fighting the culture wars. So let’s not signal unnecessary surrender by announcing an end to the culture wars.  

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