Why ‘Tit for Tat’ Lawfare Is Necessary, by Clifford Angell Bates, Jr.

The rule of law has long stood as a pillar of liberal constitutional democracy—a commitment to neutral adjudication, impartial justice, and political fairness. Neutrality of this kind lends legitimacy to a regime of laws as opposed to one of mere men. Yet in recent years, particularly under the aggressive strategies of the progressive left, a dangerous transformation has occurred. The law is no longer a matter for maintaining order or resolving disputes. It has become a weapon—“lawfare”—wielded not for justice but for victory. Under the guise of legality, the left has harnessed the institutions of justice to pursue their political enemies, disable dissenting voices, and cement ideological dominance. This development has fundamentally undermined the credibility of judicial institutions and poisoned the well of political cooperation.

The question now facing conservatives, populists, and defenders of our constitutional order is whether it is possible to restore neutrality to the law without first demonstrating that its misuse must carry real and symmetrical consequences. Such a restoration is unlikely to occur until the right learns to engage in the kind of tit-for-tat strategy once described by Robert Axelrod in his seminal work, The Evolution of Cooperation. …..

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