February 8, 2012 2:00 P.M. The Dog that Hasn’t Barked By Ed Whelan Comments 0 Now this is curious: In August 2010, on the very day that Judge Vaughn Walker issued his ruling invalidating Prop 8, the ACLU of Southern California issued a press release hailing . . . Tags:

February 8, 2012 12:28 P.M. Reinhardt’s Anti-Prop 8 Ruling and Romer v. Evans By Ed Whelan Comments 0 As various folks have pointed out, Judge Reinhardt has clearly crafted his opinion in the Prop 8 case for an audience of one person, Justice Anthony Kennedy. That’s evident in . . . Tags:

February 8, 2012 11:34 A.M. The Ninth Circuit’s Attack on Self Government By Carrie Severino Comments 0 It is no surprise that the most liberal court in the nation has upheld the most activist decision to date inventing a new constitutional right to same-sex marriage. The court’s reasoning is . . . Tags:

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February 8, 2012 11:16 A.M. Is the Peyote Case on Its Deathbed? By Robert VerBruggen Comments 0 Back in the 1960s, the Supreme Court made several rulings supportive of what many on the right would call “religious freedom.” For example, it ruled that Amish parents could not . . . Tags:

February 8, 2012 9:56 A.M. Pop Quiz By Ed Whelan Comments 0 On the Corner yesterday, there was a lot of discussion related to Justice Ginsburg’s statement during a recent visit to Egypt (transcript here, video here), “I would not look to . . . Tags:

February 7, 2012 6:11 P.M. No Court Should Redefine Marriage By Brian Raum Comments 0 No court can change the nature of men and women, or change the truth that the complementary union between husband and wife is different from any other human relationship. And . . . Tags:

February 7, 2012 4:59 P.M. Re: Initial Assessment of Ninth Circuit’s Anti-Prop 8 Ruling By Ed Whelan Comments 0 I see that Eugene Volokh’s initial assessment is similar to mine. He’s unpersuaded by Reinhardt’s argument that Prop 8 doesn’t advance an interest in proceeding cautiously (his point 5, my . . . Tags:

February 7, 2012 3:33 P.M. Initial Assessment of Ninth Circuit’s Anti-Prop 8 Ruling By Ed Whelan Comments 0 Some quick comments on Judge Reinhardt’s majority opinion: 1. From the very first line of his opinion (“Prior to November 4, 2008, the California Constitution guaranteed the right to marry to . . . Tags:

February 7, 2012 1:12 P.M. Ninth Circuit Panel Affirms Anti-Prop 8 Ruling By Ed Whelan Comments 0 As I expected, a divided panel of the Ninth Circuit has affirmed former judge Vaughn Walker’s outlandish ruling that California’s Proposition 8 violates the federal Constitution. Arch-liberals Judge Stephen Reinhardt . . . Tags:

February 6, 2012 7:22 P.M. Judiciary Committee Approves Watford By Jonathan H. Adler Comments 0 Last Thursday, the Senate Judiciary Committee favorably reported the nomination of Paul Watford to the U.S. Court of Appeals for the Ninth Circuit on a party line vote, 10-6.  Senator . . . Tags:

February 6, 2012 5:42 P.M. Judge Michael Hawkins Is No “Moderate” By Ed Whelan Comments 0 Lyle Denniston’s SCOTUSblog preview of tomorrow’s Ninth Circuit ruling in the Prop 8 case includes the assertion that one of the panel members, Clinton appointee Michael D. Hawkins, “is considered . . . Tags:

February 6, 2012 5:19 P.M. Governor Christie’s Judicial Missteps By Carrie Severino Comments 0 I am not aware of any group more supportive of Governor Christie’s efforts to reform the New Jersey judiciary than the Judicial Crisis Network, of which I am chief counsel. . . . Tags:

February 6, 2012 3:53 P.M. Prop 8 Merits Ruling Tomorrow By Ed Whelan Comments 0 The Ninth Circuit has announced that it expects to issue tomorrow—by 10 a.m. Pacific time, 1 p.m. Eastern—its ruling on the merits of the Prop 8 appeal. Its opinion will . . . Tags:

February 6, 2012 3:25 P.M. Prop 8 Decision to Be Announced Tomorrow By Matthew J. Franck Comments 0 It appears that Perry v. Brown will be decided on the merits tomorrow, the decision to be announced by the Ninth Circuit at 10:00 a.m. Pacific time, 1:00 p.m. in . . . Tags:

February 6, 2012 2:45 P.M. The Reckless E.J. Dionne By Matthew J. Franck Comments 0 In this morning’s Washington Post, E.J. Dionne has a fairly run-of-the-mill liberal diatribe about the awfulness of the Supreme Court’s January 2010 decision in the Citizens United case, which overturned . . . Tags:

February 6, 2012 2:22 P.M. Re: C-Span Appearance on the HHS Mandate By Ed Whelan Comments 0 The video of my “Washington Journal” segment on C-Span this morning—on the topic of the HHS contraception mandate—is currently available here. . . . Tags:

February 6, 2012 1:44 P.M. Re: Ninth Circuit Ruling Blocking Unsealing of Video Recording of Prop 8 Trial By Ed Whelan Comments 0 Now that I’m back in the office and able to follow up on my post from last week, I’d like to highlight what a remarkably (and suitably) stinging condemnation the . . . Tags:

February 6, 2012 11:32 A.M. Kudos on USD Originalism Conference By Ed Whelan Comments 0 I’m very pleased to report that the Originalism Works-in-Progress Conference that I took part in this past Friday and Saturday at the University of San Diego amply exceeded my hopeful . . . Tags: