Bench Memos

This Day in Liberal Judicial Activism—July 20

1990—After nearly 34 years of liberal judicial activism on the Supreme Court, Justice William J. Brennan, Jr. announces his retirement.  As Jan Crawford Greenburg describes it in Supreme Conflict, “For conservatives, Brennan’s retirement gave George H.W. Bush the chance of a lifetime.…  It was that rare moment when a conservative president was positioned to replace a liberal giant.…  It would give conservatives a dramatic opportunity to cement their majority and firmly take ideological control of the Court.”  But “the president did not want the kind of bruising fight over the Supreme Court that Reagan was willing to endure.”  Five days later President Bush nominates … David H. Souter to fill Brennan’s seat.

Most Popular

U.S.

Questions for Those Who Believed Jussie Smollett

The “we reported the Jussie Smollett case responsibly” contention has been blasted to smithereens. Twitter accounts and headlines in the Washington Post, the New York Times, and the Los Angeles Times reported as fact Jussie Smollett’s wildly implausible allegations, and many other journalists did so as ... Read More
U.S.

Regular Order

Jussie Smollett’s story has always sounded a little . . . extraordinary. Smollett, who appears on the television series Empire, says he was attacked on the streets of Chicago at 2 a.m. by two men who shouted racial and homophobic abuses at him, beat him, doused him with bleach, and fastened a noose around ... Read More