Wow. I already have my Georgetown Law Center diploma hanging a foot off the floor and with its front to the wall. Now what?
Katyal is a partner at the law firm of Hogan Lovells and serves as the Paul and Patricia Saunders Professor of National Security Law at Georgetown University Law Center. He is supposed to be a Constitutional Law expert. How could he write that? The two opinions are not even slightly related, other than the fact that they both are Supreme Court cases and concern issues that Katyal’s allies and pals are adamant about. In the assumed opinion not yet released knocking down Roe v. Wade, the court is correcting its own error, and rejecting the contrived and much derided opinion that abortion is a right. It is not “ending” a constitutional right, because that right never existed in the first place. Today’s opinion striking down a New York law that asserted government’s power to decide when a law-abiding citizen “needed” to carry a gun in public did not create a new right. Unlike the imaginary right to choose to kill unborn humans, the right to bear arms is in the Bill of Rights.
Over at Instapundit, law prof. Glenn Reynolds comments on Katyal’s tweet, “I would say that Katyal knows better than this, but maybe he doesn’t.” Of course he does. Bias makes you stupid, but it doesn’t make a Constitutional Law expert forget what’s in the Constitution. A commenter on the blog writes, “Katyal knows better. His comment is directed toward people who don’t know better.It’s a textbook example of dishonest framing.” Another says, “Liberals depend on total ignorance of the Constitution. Look at the Soviet-style January 6th hearings. The average America has no idea about the Speech and Debate clause, and by sitting where they are Congress can lie with impunity, with malice, and without shame, free from defamation lawsuits. Abortion rights in are penumbras and all that crap, while the Second Amendment doesn’t really mean what it says. OK.”
I think it is unethical for a lawyer, a law professor, and a perceived authority to mislead the public and non-lawyers this way. No, not unethical under the Rules of Professional Conduct, so Katyal couldn’t be punished by the bar, but still an abuse of authority, dishonest, and wrong. The law school, if it had any integrity, would discipline him.
But this is Georgetown Law Center. It has no integrity. GULC punished Illya Shapiro for making a true statement that offended woke sensibilities, but it will accept a deliberately false one from another professor because it advances the cause.