Judge LaSalle and the Left’s Performative Politics

Governor Hochul has nominated Brooklyn Judge Hector LaSalle for New York’s Chief Justice, headlining this as the first Latino in that post.

Such ethnicization is cringeworthy. It’s great that previously disadvantaged minorities have entered the mainstream. But that’s the point: a judge who happens to be Latino is mainstream now, it shouldn’t even be remarked upon. Hochul’s making this the appointment’s centerpiece is identity politics pandering that actually detracts from the judge’s capabilities and virtues. (BTW, I don’t say “Latinx.” Lefties made up that word as yet another way for them to posture as more advanced and with-it. No people to whom the word supposedly applies call themselves that. But maybe “Latinx” is already dropping out of use.)

I had the same problem with President Biden appointing Judge Jackson. A great choice, whose greatness was undermined by his having previously pledged to appoint a Black woman. Making it seem as though Jackson was merely the best available Black woman — not the best person, period.

Anyhow, LaSalle’s ethnicity is not enough to make “progressives” love his nomination; they are lining up in opposition, slamming him as anti-union, anti-abortion, anti due process, et cetera. Making this a cri de coeur of principle. Or so it might seem. What it really is is performative politics. The left just loves to posture as more advanced, enlightened, and indeed of course “progressive.” (That is the heart of “cancel culture,” trying to make themselves feel morally superior, by casting into outer darkness anyone not in lockstep with their catechism.)

But what really makes this LaSalle story one of performative politics is that there’s no there there. Ginned up to create the appearance of something to mount a high horse of umbrage about. They’ve combed through his hundreds of judicial decisions and picked out a few that went against unions, or abortion rights, or due process claimants — as if they should win every case — regardless of the law!

An Albany Law School professor has labelled this cherry-picking indictment of LaSalle’s record “absurd.” Former Chief Judge Lippman has chimed in based on a broad review of LaSalle’s extensive record of decisions, arguing that what really characterizes it is conscientious application of the law, precedent, and proper legal principles. Which is what a judge is supposed to do. Not be a warrior for a particular point of view.

I recall my own 1977 interview to be a PSC administrative law judge. The chief judge pointedly took note of my reputation as a particularly zealous advocate, as staff counsel, battling the utility companies in our proceedings. I responded that that was my job. And that I understood the ALJ position was different. That judges must be impartial, not letting personal opinions color their decisions.

I got the job.

(Note: Nothing here should be taken as saying the left is worse than the right. Today’s Republican right is vastly more reprehensible — their politics almost all performative.)