In the New English Review, Bruce Bawer reviews Ilya Shapiro’s book Lawless: The Miseducation of America’s Elites:
As Donald Trump begins his second term as president with a mandate to undo the damage done to the country by leftist ideology, incompetence, and corruption, one of the many stables that most need cleaning up is academia – which is, of course, the source of virtually all of the most misbegotten ideas that have sent America astray.
To be sure, some parts of academia are more desperately in need of reform than others. As a rule, the elite universities, especially those in the Ivy League, are more poisoned by the new progressivism than most state schools, especially those in the heartland. Humanities and social science departments are worse off than STEM departments. And as Ilya Shapiro points out in his important new book, Lawless: The Miseducation of America’s Elite, the introduction of woke thinking into law schools is singularly damaging.
Yes, writes Shapiro, it’s unfortunate enough if, say, a sociology faculty is selling ideology rather than fact, for it represents “a loss to the richness of life and the accumulation of human knowledge”. But for a law school to head down the same road is far more perilous. For these schools turn out the lawyers, politicians, and judges who will serve as “the gatekeepers of our institutions and of the rules of the game on which American prosperity, liberty, and equality sit”.
And the sad fact, alas, is that in too many American law schools today, a preponderance of students are the products of classrooms in which, as Shapiro puts it, “the classical pedagogical model of legal education” has been abandoned in favor of “the postmodern activist one” – a process that has been underway for decades but that was greatly accelerated during the Covid pandemic and in the wake of the irrational nationwide hysteria over the killing of George Floyd. Hence those students swallow such dangerous notions as critical race theory and its corollary, critical legal theory, and therefore believe that colorblind justice, due process, and freedom of speech aren’t desiderata but tools of white supremacy.
Lawless has its roots in Shapiro’s own hellish encounter with this ideological leviathan. It happened like this: on January 26, 2022, the day that Supreme Court Justice Stephen Breyer announced his retirement, Shapiro tweeted that the “best pick” for a replacement was Sri Srinivasan, who, if appointed by President Biden, would be the “first Asian (Indian) American” on the Court. Yet because Biden had promised to name a black woman, lamented Shapiro, “we’ll get [a] lesser black woman”. After sending off the tweet, Shapiro went to bed – and awoke in the morning to discover that his comment had caused pandemonium in the legal community, where he was being viciously attacked as a racist and a sexist. Shapiro immediately deleted the tweet and issued an apology for expressing his opinion in such an “inartful” manner.
But that wasn’t the end of it. As it happened, Shapiro, who had just left the Cato Institute, was scheduled to take up a new position at Georgetown University’s school of law in five days. And unluckily for him, the dean of the law school, William M. Treanor, was a wimp of the first order, the kind of craven academic administrator who’s quick to cave to the noisiest and most radical elements. On January 27, Treanor issued a statement in which he represented Shapiro as believing that “the best Supreme Court nominee could not be a Black woman”.
This was the height of disingenuity: it was clear that Shapiro simply meant that Biden shouldn’t limit the pool of possible nominees on the basis of sex or race – a view shared by three-quarters of the American public. But as Shapiro would soon discover, under the current dispensation at woke law schools “what matters is not the objective meaning of a given statement or even its intent but its effect – not the facts but the feelings”.
So it was that Treanor ordered an elaborate and expensive “investigation” by a top-dollar law firm into Shapiro’s tweet – yes, an investigation into a tweet. Ludicrously, it took more than four months – during which Shapiro’s new job was put on hold. In the end, the “investigators” concluded that Shapiro had indeed expressed an offensive opinion but permitted him to start work at Georgetown. Wisely, Shapiro decided that, given everything that had happened, Georgetown would not be a comfortable fit for him – at least not with Treanor at the helm – and chose instead to accept a job offer from the Manhattan Institute, where he works today.
