Leonard Barker, writing in “Brandeis and Frankfurter,” quotes Justice Louis D. Brandeis’ statement that the laws of society largely direct its conduct — its culture:
[T]he conduct of life is to so large an extent determined by the existing legal institutions that an understanding of the legal system must give you a clearer view of human affairs … and aid you in comprehending the conditions and institutions by which you are surrounded.
Reflecting on Brandeis’ clear caution about the role of the law in directing societies, The New York Times reported the White House concern that the American Bar Association’s near half-century of screening of potential judicial appointments was directing culture unsatisfactorily.
The ABA argues that its 15-member ABA team, no doubt the cream of the legal profession, have selflessly aided us peasantry by “serving as an unofficial screening panel for judicial nominees.” When 27 percent of the ABA team ruled Judge Robert H. Bork was “unqualified” to serve as a U.S. Supreme Court justice, some conservatives questioned whether the ABA team served the public interests of middle-America or the special interests of liberal America?
In fact, the ABA used its prominent and well-known education arm — the American Law Institute — to “ease” the “unqualified” even fraudulent sex science data of the Kinsey Reports into state law books. The reports (1948-1953) purported to give the world its first look at what was scientifically verified “normal” human sexuality.
Since the data’s entry into the law, sex offense laws have been relaxed or eliminated to the great detriment of women and children. The reason can be found documented in “Kinsey, Crimes & Consequences”. The authority derived from the Kinsey Reports’ false data comprised 100 percent of the understanding of sexual “normality” in the ABA’s Model Penal Code.
As a result the ABA’s model code jettisoned America’s common-law protections for marriage, women and children as “anachronistic,” “vindictive” and “unenforceable” and rushed headlong to embrace the Kinsey Reports’ “anything goes” sexuality, which was anything but normal then or now.
So, how reliable and trustworthy are the ABA sages? Louis Schwartz, the chief author of the ABA’s code on “sex offenses,” gives some evidence in this regard when he wrote that the Kinsey Reports’ sexuality data could be eased undetected “into the written law … in the course of a general revision of the penal code.” Avoiding the legislative process (which is subject to the American voter) is best for those with revolution in mind. For, as Schwartz says, this “avoids the appearance of outright repudiation of conservative moral standards, by presenting the changes in a context of merely technical improvements.”
Could it be that ABA elites subvert the democratic American process?
Soon after the ABA’s revamping of the traditional victim-protecting law codes, child rapists as well as other sex offenders became “patients,” while their victims were to become “complainants.” This subversion of the law caused Ronald Reagan to write in 1981,
For most of the past thirty years [since 1951] justice has been unreasonably titled in favor of criminals and against their innocent victims. This tragic era can fairly be described as a period when victims were forgotten and crimes were ignored.
And this era persists today in more noxious ways. For, were the ABA judicial screeners the sages that they purport to be, certainly the revised code pushed by the association and the American Law Institute would see violent and sexual abuse decreased radically post-1955, when, absent the popular vote, state legislatures began to implement the Model Penal Code, never suspecting that the code was supported by deliberately false authority designed to subvert American laws protecting women and children.
Yet, from 1955 to today, there is a 993-percent increase in violent crime, 67 percent of sex abuse victims are now children and 64 percent of all forcible sodomy victims are now boys under 12 years old. Moreover, the unprecedented 15,866-percent increase in child sex abuse reports — from 2,032 in 1976 to 324,440 in 1999 — is not explained by any changes in population data.
From 1960-1999 the FBI shows a 418 percent increase in “forcible rape” (which excludes so-called “consensual” and violent statutory rape and all rape of girls and sodomy of boys under 12 years of age). This is a five-fold increase over murder (70 percent) during the same time period.
The ABA’s Model Penal Code was adapted and/or adopted by every state in the nation, based on the trust America put in its authors’ wisdom and authority.
Justice Brandeis, after over 50 years, we now have a clearer view of human affairs and comprehend “the conditions” by which we are now surrounded. The ABA has breached its professional duty to the nation and the nation has lost faith in the legal elites at its helm. The evidence is overwhelming: It is well past time to disband the ABA’s “unofficial screening panel for judicial nominees” and recall the laws changed based on junk science.