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Polylogism - The Root of America's Divisiveness, Decline and Destruction

History is repeating itself before our eyes.. The widespread controversy surrounding President Joe Biden's Supreme Court nominee Ketanji Brown Jackson as a "black woman" recalls the editorial in The Washington Times, “A Judge Too Far,” concerning President Obama’s earlier nomination of Judge Sonia Sotomayor for the Supreme Court which perceptively observed:

“Judge Sotomayor seems to think that inherent racial and sexual differences are not simply quirks of genetics, but make some better than others. Consider her 2002 speech at the University of California-Berkeley School of Law:

“I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life,” she said. “I simply do not know exactly what that difference will be in my judging. But I accept there will be some based on my gender and my Latina heritage.”

“She also accepted as potentially valid the idea that the “different perspectives” of “men and women of color” are due to “basic differences in logic in reasoning” due to “inherent physiological or cultural differences.”

The brilliant Austrian economist Ludwig von Mises, regarded as the greatest economist of the 20th Century, discussed this Marxist nonsense in his magnum opus, Human Action, under the category of polylogism. https://mises.org/library/human-action-0/html/pp/657

This is the bogus idea that the logical structure of the mind is different based on one’s class, race, ethnicity, national origin, gender, sexual preference, etc.
https://mises.org/library/human-action-0/html/pp/660

This skewed Marxist concept lies at the root of all “politically correct” notions of cultural relativism and multiculturalism fashionable in academia, the elite media, and critical race and legal theory circles today.

And if President Biden has his way, upon the highest court in the land.

This is more than the widely-accepted idea that our various life experiences shape our world view, or influence our value judgments in making ethical and moral decisions.

Again, polylogism specifically holds that the logical structure of the mind is different based on one’s class, race, nationality, gender, sexual preference, etc. There is no objective reality independent from these fixed determinative factors of causality.

The notion of a Constitutionally-driven independent judicial temperament or impartiality becomes impossible.

All we have left is “sociological jurisprudence” which was (is) an attempt to get away as far as possible from the Framers’ original intent of the Constitution, and to adopt the doctrine of “the Living Constitution” shaped by socioeconomic causal factors.

It was one of the bogus concepts to come out of the so-called Progressive Era over a hundred years ago and has eroded our legal system in ways beyond belief.

Another way to look at it, it’s the old Marxist concept of “the sociology of knowledge” applied to law and public policy.

https://en.wikipedia.org/wiki/Sociology_of_knowledge

Marxism as a rationale for state aggrandizement and empire (as in the former Soviet Union) may be dead but as an ideological prop it is very much alive in such widely-accepted notions as multiculturalism, “cultural imperialism,” sociological jurisprudence, and environmentalism.

There is much more to this fight than whether Ketanji Brown Jackson is confirmed.

Her nomination is a key battle in the on-going Culture War which lies at the heart and survival of what America is all about.

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The Barnes Brief: Weekend of May 15, 2026
Art of the Day 
  • With its signature clock, red brick walls, and wooden floor interiors, I remember well the chapel I first set to publicly speak as a 10-year old — Phillips Chapel, Highland Park, Chattanooga, Tennessee. Damaged a few years back by a fire, evangelicals founded the church in 1922 as part of the Indpendent Baptist movement I grew up in. MLK met with Reverend Lee Roberson here during the Civil Rights movement. My first moment on stage ended quickly, as I forgot my speech, panicked at the size of the crowd, and my little ten year old feet scampered across the wooden floors in fear of total embarrassment. Fond memories! 
 
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  • “Most people, in fact, will not take the trouble in finding out the truth, but are much more inclined to accept the first story they hear.” Thucydides. 
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Homework: Sunday Show
  1. Judge blocks Alberta independence. https://www.thegatewaypundit.com/2026/05/liberal-judge-quashes-petition-forcing-vote-independence-oil/
  2. SCOTUS: pending. https://en.wikipedia.org/wiki/List_of_pending_United_States_Supreme_Court_cases
  3. SCOTUS: Corporate immunity. https://www.supremecourt.gov/opinions/25pdf/24-1238_1b7d.pdf
  4. SCOTUS: Arbitration. https://www.supremecourt.gov/opinions/25pdf/25-83_3e04.pdf
  5. SCOTUS: Mifepristone. https://www.supremecourt.gov/opinions/25pdf/25a1207_21p3.pdf
  6. 2A: Constitutionality of federal gun crimes. https://www.ca1.uscourts.gov/sites/ca1/files/opnfiles/25-1024P-01A.pdf
  7. The Fed: unaccountable. https://ww3.ca2.uscourts.gov/decisions/OPN/25-1144_opn.pdf
  8. Internet spying: Privacy as injury. https://www2.ca3.uscourts.gov/opinarch/233235p.pdf
  9. Green power speech rules. https://www.ca4.uscourts.gov/opinions/251012.P.pdf
  10. Framed man wins verdict. https://www.opn.ca6.uscourts.gov/opinions.pdf/26a0148p-06.pdf
  11. DEI may lose, even in Twin Cities. https://courthousenews.com/minneapolis-public-schools-struggles-in-trump-suit-over-dei-policy/
  12. Car shutoff. https://cei.org/news_releases/house-vote-today-could-help-end-vehicle-kill-switch-mandate/

*Bonus: California: agency power. https://www4.courts.ca.gov/opinions/documents/S284378.PDF

**Bonus: OKeefe Wins https://www.pacermonitor.com/case/61866801/Fseisi_v_OKeefe_Media_Group_et_al

***Bonus: EU: must allow welfare for migrants. https://www.courthousenews.com/wp-content/uploads/2026/05/kh-inps-cjeu-judgment.pd

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The Barnes Brief: Thursday, May 14, 2026

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  • This abstraction captures something more of the symphonic spirit in the seamless synethsis of function and feel, utility and aesthetic, that is my favorite place in my hometown — the Walnut Street Bridge, whose blue beams and wooden planks cross the Tennessee River, and whose path I took each day to work as a young lawyer for a public interest law clinic defending the victims of abuse be they parents or banks. The feeling of precision integrated into nature, crossing it, overcoming it, and experiencing it at the same time, this local artist best captures the sense of the Birdge as I fondly remember it, expressed in its geometric shape, friendly colors, and textured echo of memory past. 
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