“This Day” Glitch

by Ed Whelan

For mysterious reasons, my “This Day in Liberal Judicial Activism” posts for October 1, October 2, and October 5 did not appear when they should have. I’ve posted them now, so I invite you to be reminded of the legal error underlying the Court’s assertion of a “national consensus” against imposition of the death penalty for the crime of raping a child; of President Eisenhower’s recess appointment of Chief Justice Earl Warren; and of yet another Reinhardt frolic.