In the mid-20th century, radical thinkers disillusioned with traditional Marxist revolution turned their attention toward a subtler form of conquest: cultural and institutional infiltration. German student leader Rudi Dutschke gave this tactic a name—“the long march through the institutions”—drawing inspiration from Antonio Gramsci, who taught that power resides not just in politics or economics but in culture, education, law, and religion. The strategy aimed to take over the institutions of Western civilization from within, gradually converting them into engines of Marxist redefinition.
In its modern form, this infiltration operates under the umbrella of Neo-Marxism, which replaces economic class struggle with the broader paradigm of oppressor versus oppressed. In this view, justice is not blind but must be reoriented to address historical power imbalances between identity groups—racial, sexual, religious, and economic. Truth becomes subjective, objectivity is dismissed as a tool of oppression, and the rule of law is reimagined as a mechanism of equity.
Few institutions have undergone as radical a transformation under this model as the judiciary and the legal system.
Subverting the Foundations: From Law as Arbiter to Law as Weapon
The American judiciary was designed to interpret laws according to the Constitution and to resolve disputes based on facts, evidence, and precedent. However, as Neo-Marxists infiltrated law schools, advocacy groups, and judicial appointments, the very purpose of the judiciary began to shift. Justice was no longer about what was right according to fixed standards, but what was “just” according to evolving ideologies.
This transformation followed a clear ideological pattern:
- From Equal Justice to Equity-Based Sentencing: Legal outcomes began to be adjusted based on perceived historical injustices. For example, progressive prosecutors have argued for leniency in sentencing for minority offenders—not based on case specifics, but based on the racial identity of the defendant.
- From Blind Law to Activist Judging: Judges increasingly viewed their role not as guardians of the law, but as agents of social change. The “living Constitution” ideology allowed them to reinterpret long-standing laws and invent new rights to suit contemporary moral fashions.
- From Rule of Law to Lawfare: Political actors began using the legal system to target their opponents, launching investigations, lawsuits, and prosecutions based not on justice but on political utility.
This shift was not accidental—it was cultivated over decades by radical legal theorists, activist law professors, and progressive political operatives.
Critical Legal Studies and the Rise of Ideological Law
At the heart of this transformation lies the influence of Critical Legal Studies (CLS) and Critical Race Theory (CRT). These academic movements reject the idea that law is a neutral or fair system. Instead, they teach that law is a tool of white supremacy, heteronormativity, capitalism, and patriarchy.
Under the influence of Derrick Bell, a Harvard law professor and foundational figure in CRT, the legal academy embraced a model where “objectivity” was code for domination. His theory of “interest convergence” argued that civil rights gains only occur when they serve the interests of white elites. From this pessimistic and racialized premise, CRT spread through law schools in the 1990s and 2000s, becoming the default lens through which many students now interpret the legal system.
Kimberlé Crenshaw extended Bell’s work by coining intersectionality, the idea that multiple layers of oppression—based on race, gender, sexual identity—must be considered together when analyzing justice. This concept now dominates academic and corporate policy alike and serves as a foundational tool in reimagining criminal law, civil rights law, and constitutional interpretation.
Weaponizing the Courts: Lawfare and the Abandonment of Neutrality
The judiciary’s Neo-Marxist turn has been especially visible in the strategy of lawfare, or the weaponization of the legal system for partisan ends. This includes:
- Selective prosecution of political opponents
- Strategic lawsuits designed to bankrupt or intimidate conservative groups
- Administrative overreach where agencies use “consent decrees” to impose ideological reforms on local police, schools, and businesses
This tactic has enabled progressive actors to undermine their enemies through legal harassment while cloaking themselves in the appearance of lawful authority. Figures like George Soros have funded campaigns to install progressive prosecutors in major cities, many of whom refuse to prosecute serious crimes while launching ideologically motivated prosecutions against those who defy the progressive agenda.
The Living Constitution and the Collapse of Originalism
Central to the judiciary’s ideological shift is the doctrine of the Living Constitution. According to this view, the Constitution is not a fixed legal charter but an evolving document whose meaning changes with the times. This opens the door for judges to bypass original intent and inject contemporary values—often those of elite academia—into their rulings.
This has enabled radical reinterpretations in key areas:
- Marriage law, where judicial activism produced a constitutional right to same-sex marriage
- Gender identity, where courts now protect self-declared identities over biological realities
- Religious liberty, where Christian business owners are routinely punished for declining participation in events that violate their conscience
Once the anchor of fixed meaning is cut loose, the judiciary becomes an ideological ship adrift—steered by whoever controls the cultural narrative.
Restorative Justice and the Inversion of Morality
Alongside sentencing reform, another key tool of the Neo-Marxist transformation is restorative justice. This model replaces punishment with reconciliation and dialogue. While appealing in theory, it is often used as a means of excusing crime, particularly when committed by members of so-called marginalized groups. The legal emphasis shifts from upholding justice to managing community feelings.
For example, in many cities with progressive district attorneys, violent crimes are de-prosecuted in favor of “restorative circles,” even when victims object. This sends a message to criminals that law is negotiable and to victims that justice is subjective. The result is social destabilization and the erosion of public trust in legal institutions.
Christian Foundations of Justice and the Rule of Law
Against this ideological tide, the Christian worldview offers a rock-solid foundation for justice. According to Scripture, the law is not a human invention for maintaining power; it is a reflection of God’s moral order. True justice begins with God Himself: “Righteousness and justice are the foundation of your throne” (Psalm 89:14, ESV). The law, properly understood, protects life, liberty, and property while restraining evil (Romans 13:1–7).
Biblical justice is impartial: “You shall not show partiality in judgment… you shall hear the small and the great alike” (Deuteronomy 1:17). It holds individuals accountable for their actions, not for the sins or advantages of their group. It upholds truth over ideology, facts over narratives, and moral responsibility over victimhood.
Moreover, Christians are called to seek justice, correct oppression, and speak the truth in love (Isaiah 1:17; Ephesians 4:15). While the Christian is to obey lawful authority (Romans 13), he is also called to resist evil laws, as the apostles did when commanded not to preach Christ (Acts 5:29). When the legal system itself becomes corrupt, the Christian must appeal to higher laws—just as Paul did when invoking his rights as a Roman citizen (Acts 22:25–29).
A Path Forward: Resistance Rooted in Truth
The long march through the judiciary is not inevitable. Constitutional conservatives and faithful Christians can still resist. But the resistance must be strategic, rooted in truth, and built on several essential actions:
- Educating future lawyers and judges in a biblical and constitutional view of justice
- Supporting organizations that defend religious liberty and originalist interpretation
- Electing constitutionalist judges and rejecting Soros-backed prosecutors
- Encouraging pastors to teach on biblical justice, not social justice
- Demanding transparency and accountability from state bar associations and law schools
Resisting the ideological capture of law begins with reclaiming the moral vocabulary of justice itself. Christians must not retreat from the legal domain but enter it as reformers and truth-tellers. The goal is not to impose theocracy, but to restore integrity and impartiality to an institution that ought to serve truth, not ideology.
Conclusion: Restoring Justice from the Ground Up
The Neo-Marxist long march has deeply eroded the moral architecture of American law. Through critical legal theories, activist judging, and ideological reinterpretation of justice, the judiciary has been bent toward revolutionary ends. But the roots of justice run deeper than politics. They are grounded in the image of God, the righteousness of His character, and the truth of His Word.
There is no neutral ground in the battle for law and justice. Either truth will rule the courts, or lies will. Either impartiality will prevail, or identity-based favoritism will. Christians must recognize this conflict, confront it, and commit themselves to reforming the judiciary—not through revolution, but through redemption, responsibility, and righteousness.
S.D.G.,
Robert Sparkman
rob@basedchristianity.org
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