Bench Memos

This Day in Liberal Judicial Activism—December 19

2008—Continuing his sabotaging of the California marriage laws that he is obligated to defend vigorously, California attorney general Jerry Brown files a brief attacking Proposition 8, the recently adopted ballot measure that amended California’s constitution to restore the state’s definition of marriage as a male-female union. Brown offers the crackpot theory—beyond anything the opponents of Proposition 8 have argued and beyond the scope of the briefing that the supreme court invited—that the constitutional amendment effected by Proposition 8 somehow itself violates the state constitution.

Brown’s wackiness is too much even for some liberal law professors in California: one says that Brown’s argument “turns constitutional law on its head,” and another calls his position “extraordinary.”

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The Joys of Heterogeneity

The temporary shutdown of parts of the federal government is a good argument for the permanent shutdown of parts of the federal government. When one of his colleagues voiced frustration with the slow pace of conservative reform in the 1990s, Newt Gingrich replied, “Rome wasn’t burned in a day.” That’s ... Read More
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Referenda Delenda Est

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