Bench Memos

NRO’s home for judicial news and analysis.

Justice Souter’s Lobotomies


Justice Souter evidently believes that he has suffered some 19 or so “intellectual
lobotom[ies]”.  That’s as good an explanation as any for how a justice could sign on to the proposition that “[a]t the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life”—and to the related misconception that justices may legitimately exercise an unconstrained power to define for all Americans which particular interests should be beyond the bounds of citizens to address through legislation. 

Tags: Whelan


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