So California’s death penalty is unconstitutional, according to a federal judge.

The reasoning behind this ruling is that the process is slow and inconsistently applies. The reason for this is, of course, every time we try to kill a killer, lawsuits get filed.

So essentially, the liberal legal equivalent of guerrilla fighters get there way simply by trying to get their way. They are like the man who killed his parents and then plead for mercy as orphans. Of course, in their world, that man would never face the death penalty.

What are we to learn from this?

Lawfare is effective. If you make a policy so damned expensive and time consuming, the other side may very well blink. Conservatives need to adopt this strategy.

I think we have, in some part, seen it with the Hobby Lobby and other pending Obamacare cases. In California, we also see strategic litigation being used to attack Jerry Brown’s bullet train boondoggle.

However, the possibility for real havoc is out there. In California, we lost the Proposition 8 traditional marriage fight because our elected leaders went on strike and refused to obey the law.

Why not the same thing for conservative states, where conservative groups file suit against regulations we don’t like and Republican officeholders surrender.

It works on the Federal level as well. Obama refused to defend DOMA? Okay. Let’s have some group sue to shut down the Department of Education or the EPA once we get a Republican in the White House.

Of course, getting a Republican in the White House requires having someone with the actual stones to go along with a project like that. Seeing as how Chicago-style has been working for the Democrats, if the GOP remains committed to the Mayberry rules, it’s all over.
The Democrats have been successful in their cultural revolution. We need to steal their tactics if we want the counter-revolution to take hold.
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