Bench Memos

Law & the Courts

D.C. Circuit Victory for President Trump

Last August, in what the Washington Post hailed as a victory for federal-employee unions, federal district judge Ketanji Brown Jackson wrote a 119-page opinion enjoining executive-branch officials from implementing provisions of three of President Trump’s executive orders that (in the Post’s summary) “aimed at making it easier to fire employees and weaken their representation.”

But in a unanimous ruling today by an ideologically diverse panel (in American Federation of Government Employees v. Trump), the D.C. Circuit held that the district court lacked jurisdiction to decide the case, as a federal statute vests adjudication of federal labor disputes in the Federal Labor Relations Authority, subject to direct review only in the D.C. Circuit. Judge Thomas Griffith wrote the panel opinion, which was joined most notably by Obama appointee Sri Srinivasan as well as by Bush 41 appointee Raymond Randolph.

Most Popular

Education

Destroy the ‘Public’ Education System

‘Public” schools have been a catastrophe for the United States. This certainly isn’t an original assertion, but as we watch thousands of authoritarian brats tearing down the legacies of George Washington and Abraham Lincoln, it’s more apparent than ever. State-run schools have undercut two fundamental ... Read More
Education

Destroy the ‘Public’ Education System

‘Public” schools have been a catastrophe for the United States. This certainly isn’t an original assertion, but as we watch thousands of authoritarian brats tearing down the legacies of George Washington and Abraham Lincoln, it’s more apparent than ever. State-run schools have undercut two fundamental ... Read More
Culture

Why Progressives Wage War on History

Princeton University’s decision to remove the name “Woodrow Wilson” from its School of Public and International Affairs is a big win for progressive activists, and the implications will extend far beyond the campus. It hardly surprises me, in today’s polarizing environment, that my alma mater caved to ... Read More
Culture

Why Progressives Wage War on History

Princeton University’s decision to remove the name “Woodrow Wilson” from its School of Public and International Affairs is a big win for progressive activists, and the implications will extend far beyond the campus. It hardly surprises me, in today’s polarizing environment, that my alma mater caved to ... Read More
Regulatory Policy

Going Medieval

Writing in Bloomberg, Noah Smith gives more than a nod to Peter Turchin’s theory of elite overproduction (or, as Smith neatly relabels the phenomenon, “elite over-competition”) as a cause of the current wave of turmoil in the West, something with which I would agree but, I think, more emphatically. Quite ... Read More
Regulatory Policy

Going Medieval

Writing in Bloomberg, Noah Smith gives more than a nod to Peter Turchin’s theory of elite overproduction (or, as Smith neatly relabels the phenomenon, “elite over-competition”) as a cause of the current wave of turmoil in the West, something with which I would agree but, I think, more emphatically. Quite ... Read More
U.S.

Bad News about the Virus

On the menu today: an important update about indications that the coronavirus is now more contagious than it used to be, with far-reaching ramifications for how we fight this pandemic; a point on the recent complaints about the Paycheck Protection Program; and a new book for everyone closely following the debate ... Read More
U.S.

Bad News about the Virus

On the menu today: an important update about indications that the coronavirus is now more contagious than it used to be, with far-reaching ramifications for how we fight this pandemic; a point on the recent complaints about the Paycheck Protection Program; and a new book for everyone closely following the debate ... Read More
Culture

Two NFL Apologies

So Drew Brees defended the American flag and all it stands for, said he didn’t agree with kneeling for the national anthem and correctly described this gesture of open disrespect as disrespect. "Is everything right with our country right now?" said the Saints' future Hall of Famer. "No, it is not. We still have ... Read More
Culture

Two NFL Apologies

So Drew Brees defended the American flag and all it stands for, said he didn’t agree with kneeling for the national anthem and correctly described this gesture of open disrespect as disrespect. "Is everything right with our country right now?" said the Saints' future Hall of Famer. "No, it is not. We still have ... Read More
Politics & Policy

Chesterton’s Cops

Conservatives are big on “Chesterton’s fence.” That’s G. K. Chesterton’s principle that you cannot reform what you do not understand, that you should not for the sake of convenience knock down a fence until you understand why it was put up in the first place. When encountering a fence in his way, ... Read More
Politics & Policy

Chesterton’s Cops

Conservatives are big on “Chesterton’s fence.” That’s G. K. Chesterton’s principle that you cannot reform what you do not understand, that you should not for the sake of convenience knock down a fence until you understand why it was put up in the first place. When encountering a fence in his way, ... Read More
Culture

A Triumph at Mount Rushmore

If nothing else, President Donald Trump’s July Fourth speech at Mount Rushmore clarified the battle lines of our culture war. The New York Times called the speech “dark and divisive,” while an Associated Press headline declared, “Trump pushes racial division.” A Washington Post story said the speech ... Read More
Culture

A Triumph at Mount Rushmore

If nothing else, President Donald Trump’s July Fourth speech at Mount Rushmore clarified the battle lines of our culture war. The New York Times called the speech “dark and divisive,” while an Associated Press headline declared, “Trump pushes racial division.” A Washington Post story said the speech ... Read More