Super-lawyer Leslie McAdoo Gordon calls out our broken legal system

Before retiring from the law, I did litigation work in the San Francisco Bay Area for thirty years.  During that time, I came across two judges whom I respected (one of whom I learned, after he retired, was a conservative).  The rest of the judges were activists with robes on.  At this point, I respect only two judges: Clarence Thomas and Samuel Alito.  Otherwise, I've long said our legal system is broken.  Many people, including people who like me, consider me a crackpot.  However, Leslie McAdoo Gordon, a stellar litigator and a true constitutionalist, ended last week with a huge announcement: the legal system is broken.

For me, the pivotal moment was when I was arguing a motion to dismiss based on the fact that state legislation absolutely precluded the plaintiff's cause of action.  I don't remember the judge's precise words when he denied my motion, but I remember the gist: "I don't care what the law is; I think there's something here."

A judge is not supposed to say that.  His job is to apply the law.  And as it happened, he was so wrong that we not only won, but also got $1.5 million in attorney's fees.  That same judge went on to serve on the California court of appeals.  I appeared before other judges who clearly thought the same way, although most were not as open about it.


Image: United States Supreme Court by Mr. Kjetil Ree, published under multiple creative commons licenses.

Our legal system is costly, inefficient, unfair, and at the mercy of judges more interested in politics and ideology than in justice.  We certainly saw that two years ago, when judges across America, right up to the Supreme Court, absolutely refused to address blatant illegal and unconstitutional conduct connected to the 2020 election.  We're seeing it now, when a special master decided that the FBI could raid a former president because some petty leftist bureaucrats asserted that their characterizing documents as "classified" or "top secret" should override the plenary power the president of the United States has to determine a document's security classification.

Something must change. That's where Leslie McAdoo Gordon comes in.

McAdoo's announcement about our justice system and its problems came in the form of a series of tweets.  Rather than summarize, I'll simply post exactly what she said:

Ms. McAdoo, if you read this post, I'm on your side in whatever you do to help fix our broken system!  And if I can help you in any way, you know where to find me.

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