It should no longer come as a shock to anyone that an academic at what is perhaps America’s most esteemed institution, at least by historical reputation, thinks it is high time for conservatives to be treated like Nazis. In this case, I am speaking about something actually declared by a real, live professor of law at Harvard, Mark Tushnet.
Tushnet, in an article appearing this past Friday at the blog site Balkinization, said, in part, that now that it’s clear conservatives have lost the so-called culture wars, they should be subject to the same hard-line treatment handed to Nazis following the end of the Second World War. What Tushnet is saying is that it is not enough that those in support of traditional social and cultural values are now on the “outs” with the narrative in America as spoken by the executive, judicial, and legislative branches of government, at all levels; the “victors” should go further, and essentially go as far as they can in aggressively carrying their extreme agendas to all corners of the nation, and basically wiping out any vestige of traditional social and moral ideals that may still exist.
Needless to say, there are a lot of flaws with Tushnet’s analogy, logic, etc., not least of which is the fact that, unlike the Nazis, it would be difficult to make the case that conservatives were, by any real measure, the aggressors in the “wars” Tushnet puts at issue. Americans oriented on traditional values have found themselves having to defend their positions at every turn, positions that, not all that long ago, would have been seen by just about everyone as “normal” or “average,” but which have become viewed as extreme not because they actually are, but because they look that way when contrasted to the bizarre postures so often assumed now by the left. As Heritage Foundation senior research fellow Ryan T. Anderson wrote over at The Daily Signal, in response to Tushnet’s piece, “Liberals aggressively sought in the courts an unlimited abortion license, a redefinition of marriage, and now for transgender bathroom policies throughout the nation. Liberals haven’t been bashful to use the courts to reshape social policy when they couldn’t win at the polls.”
Anderson also took Tushnet to task for his “Nazis after World War II” analogy, writing, “Ah, yes, if the ‘losers’ of the American ‘culture wars’ are the functional equivalent of racists and Nazis, then Tushnet’s argument works wonderfully. But if Orthodox Jews, Roman Catholics, Evangelical Christians, Latter-Day Saints, faithful Muslims, and other Americans who believe that marriage is the union of a man and woman are decent members of society, maybe Tushnet should reconsider his hostility.”
By Robert G. Yetman, Jr. Editor At Large