Bench Memos

Be Still My Heart

The Washington Post, in an editorial today, comes out against the judicial creation of a brand-new constitutional right, saying it was conjured “out of thin air.” The D.C. Circuit ruling of which the Post complains can be found here (PDF file). I haven’t read the opinions yet, but from the Post’s description, I’d have to say the editors have this one right.

Will the Post now start cleaning out its attic, changing course on all those invented constitutional “rights” it has endorsed in the past? Or is its enthusiasm for “words in the founding charter” good for this day and this issue only? I’ll let you guess.

Matthew J. Franck — Matthew J. Franck is the Director of the William E. and Carol G. Simon Center on Religion and the Constitution at the Witherspoon Institute in Princeton, New Jersey.

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