Bench Memos

This Day in Liberal Judicial Activism—February 18

1972—In a Brennanesque opinion in People v. Anderson, the California supreme court, by a 6-1 vote, misconstrues the state constitution’s prohibition on cruel or unusual punishment to reflect “contemporary standards of decency” and rules that the death penalty violates what it imagines contemporary standards to be. All pending death sentences, including those of Charles Manson and Sirhan Sirhan, are voided. Nine months later, the people of California, expressing actual contemporary standards, override the ruling by voting overwhelmingly to amend the state constitution to authorize the death penalty. 

Most Popular

Elections

Stick a Fork in O’Rourke

If, as I wrote last week here, Joe Biden may save the Democratic party from a horrible debacle at the polls next year, Beto O’Rourke may be doing the whole process a good turn now. Biden, despite his efforts to masquerade as the vanguard of what is now called progressivism, is politically sane and, if ... Read More
Education

Ivy-League Schools Wither

A  number of liberal bastions are daily being hammered — especially the elite university and Silicon Valley. A Yale and a Stanford, or Facebook and Google, assume — for the most part rightly — that each is so loudly progressive that the public, federal and state regulators, and politicians would of ... Read More
Elections

In Defense of the Electoral College

Senator Elizabeth Warren has joined a growing chorus within the Democratic party in calling for the abolition of the Electoral College. Speaking at a forum in Mississippi on Monday night, Warren said that she hoped to ensure that “every vote matters” and proposed that “the way we can make that happen is ... Read More
National Security & Defense

In Defense of the Iraq War

Today is the 16th anniversary of the invasion of Iraq, and Twitter is alive with condemnations of the conflict -- countered by precious few defenses. Yet I believed the Iraq War was just and proper in 2003, and I still believe that today. When Donald Trump condemned the war during the 2015 primary campaign and ... Read More