Bench Memos

NRO’s home for judicial news and analysis.

Re: Slate’s Noah on Graham and Ginsburg


Eugene Volokh does an outstanding job providing a much more thorough refutation than I did of the attack by Slate’s Timothy Noah on Sen. Lindsey Graham (and on me) for pointing out that Ruth Bader Ginsburg had advocated legislative changes that would have reduced the age of consent for statutory rape under federal law from 16 to 12.

Again, as Senate Democrats nitpick Judge Roberts and prepare to assault the next nominee, let’s not forget Ginsburg’s other extremist positions on prostitution (which Volokh also addresses), bigamy, co-ed prisons, Mother’s Day and Father’s Day, the Boy Scouts and the Girl Scouts, and taxpayer funding of abortion. It ought to be easy for Republicans to present to the American people the sort of justices Democrats label as moderates. Let’s have this fight.


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