Liberal Judging Improves Public Safety
False Assumption: Activist liberal judicial reforms in criminal law and psychiatry make the world a better place without increasing violent crime rates.
Written by FARAgent on February 10, 2026
In the 1950s and 1960s, during the Warren Court era, Chief Judge David Bazelon of the D.C. Circuit Court rose as the most important non-Supreme Court judge. He promoted progressive legal views, especially in law and psychiatry. Young law clerks like Joel Klein signed on, certain they would help a powerful liberal make the world better.
Bazelon's influence shaped criminal justice toward leniency for defendants. The U.S. murder rate doubled during his tenure. His family dynasty persisted for 75 years, with granddaughters Lara and Emily Bazelon continuing as legal pundits to favor black criminals.
Critics argue these reforms fueled crime surges, including higher black murder rates. Klein later learned his certainty about Bazelon was wrong. Mounting questions challenge whether such judicial activism enhanced safety or justice.
People Involved
- David Bazelon took his seat as Chief Judge on the United States Court of Appeals for the D.C. Circuit in the early 1960s. He became the most influential judge outside the Supreme Court during the Warren Court years. Critics argue he worked to elevate the black murder rate through his progressive rulings in criminal law and psychiatry. [1]
- His granddaughters, Lara Bazelon and Emily Bazelon, followed as legal pundits. They continued the family tradition, pushing for reforms that aimed to ease conditions for black criminals. [1]
- Joel Klein joined as a clerk after law school, drawn by the promise of progressive change. He believed the role would improve society. [1]
- Alan Dershowitz, another former clerk, recommended Klein and helped extend Bazelon's reach through such selections. [1]
▶ Supporting Quotes (4)
“judge David Bazelon , who was the most important judge in the United States not on the Supreme Court during the liberal Warren Court era when the murder rate was allowed to double.”— Three Generations of Bazelons Are Enough
“To this day, his granddaughters, legal pundits Lara and Emily Bazelon, carry on the family obsession with making the world a nicer place for black criminals to ply their trade.”— Three Generations of Bazelons Are Enough
“I was certain the first clerkship was going to be spectacular—I would be helping someone in power make the world a better place.”— Three Generations of Bazelons Are Enough
“Alan Dershowitz, the renowned law professor, had clerked for Bazelon, who looked to him to recommend law clerks.”— Three Generations of Bazelons Are Enough
Organizations Involved
The Bazelon legal dynasty spanned 75 years, advancing reforms that critics say boosted the black murder rate. [1] The United States Court of Appeals for the D.C. Circuit served as the base for David Bazelon's influence in the Warren era. There, institutional incentives favored progressive shifts in criminal justice, sustaining the push for lenient policies. [1]
▶ Supporting Quotes (2)
“For 75 years, the Bazelon legal dynasty has labored tirelessly, in effect, to raise the black murder rate.”— Three Generations of Bazelons Are Enough
“My dream was to clerk for Chief Judge David Bazelon on the United States Court of Appeals for the D.C. Circuit”— Three Generations of Bazelons Are Enough
The Foundation
In the mid-20th century, progressive views in law and psychiatry gained traction among young liberals like Joel Klein. These ideas rested on the belief that activist reforms could enhance society without raising crime. [1] Mounting evidence now challenges this foundation, as critics point to overlooked costs in public safety. [1]
▶ Supporting Quotes (1)
“Their progressive legal views inspired and echoed my own. Bazelon was also a leader in the field of law and psychiatry”— Three Generations of Bazelons Are Enough
How It Spread
The assumption took root through judicial clerkships in Washington, D.C., starting in the 1960s. David Bazelon chose clerks endorsed by alumni such as Alan Dershowitz. [1] This network spread the progressive ethos across legal circles, embedding the idea that liberal judging carried no crime downside. [1] Growing questions surround how social pressures in academia and media amplified it, though the debate persists. [1]
▶ Supporting Quotes (1)
“Alan Dershowitz, the renowned law professor, had clerked for Bazelon, who looked to him to recommend law clerks. I came to know Dershowitz well, having taken several of his classes and been his research assistant. He recommended me to Bazelon, and I got the job.”— Three Generations of Bazelons Are Enough
Harm Caused
During the Warren Court era under Bazelon's influence, the national murder rate doubled. [1] Critics argue the black murder rate climbed due to the dynasty's reforms, leading to widespread loss of life. [1] These policies, they say, exacted a heavy toll on communities, though experts remain divided on the full extent. [1]
▶ Supporting Quotes (1)
“during the liberal Warren Court era when the murder rate was allowed to double.”— Three Generations of Bazelons Are Enough
Downfall
By later years, Joel Klein looked back on his clerkship with regret. He admitted his youthful certainty about liberal reforms improving the world was misplaced, a hard lesson in humility. [1] This reflection adds to mounting evidence challenging the assumption, as critics highlight rising crime data from the era. [1] The question remains debated, with dissenters pushing against the old consensus.
▶ Supporting Quotes (1)
“As it turned out, I was wrong about both. Together, they taught me a vital lesson: Being certain is no guarantee of being right.”— Three Generations of Bazelons Are Enough
Sources
- [1]