Bench Memos

This Day in Liberal Judicial Activism—October 31

1972—By a vote of 5 to 4, the en banc D.C. Circuit, in an opinion by Judge J. Skelly Wright in United States v. Robinson, rules that a police officer violated the Fourth Amendment when, in the course of searching a person whom he had lawfully arrested, he opened up a crumpled cigarette package—which turned out to contain heroin—that he found in the person’s pocket.  The D.C. Circuit overturns the resulting conviction for drug offenses.

In dissent, Judge Malcolm Wilkey faults Wright for ignoring “long-established doctrine” and for what Wilkey calls Wright’s “usual flat error regarding the established facts.”  On review, the Supreme Court rules 6 to 3 (with Justices Douglas, Brennan, and Marshall in dissent) that the search and seizure “were permissible under established Fourth Amendment law.”

Most Popular

Sports

Hurray for the NBA

Last month, just before the Final Four, I did a Q&A on college basketball with our Theodore Kupfer. Teddy K. is back, by popular demand, joined by two other experts: Vivek Dave, an old friend of mine from Michigan, who has long lived in Chicago, and David French, National Review’s Kentucky Kid, now ... Read More
Economy & Business

Trade Misunderstandings

I was distracted by other policy topics last week but not enough not to notice Peter Navarro’s article in the Wall Street Journal, headlined “China’s Faux Comparative Advantage.” Considering Navarro’s position in the White House, it is unfortunate that it demonstrates some serious misunderstandings ... Read More
Culture

Monday Links

A Supercut of Epic Movie Explosions. Can You Solve These 10 Medieval Riddles? The cost to make a Margherita pizza: $1.77. How much restaurants charge on average for a pizza: $12. The actual costs of restaurant foods. Vintage animation lessons -- how to make things cute. London's "Great ... Read More
World

On Trade, No One Is Waiting for Washington

President Donald Trump’s flips and flops on trade are now as ubiquitous as his 5:00 a.m. tweets. Many predicted that trade-expansion efforts would come to a standstill and world commerce would suffer amidst all the uncertainty. Instead, the precise opposite has happened. In the last few months, it’s become ... Read More
National Security & Defense

Trump’s Syria Quandary

President Trump raised eyebrows recently when he ended a tweet lauding the airstrikes he’d ordered against chemical-weapons facilities in Syria with the words “mission accomplished.” The phrase, of course, became infamous in the aftermath of the invasion of Iraq, when President Bush used it in a speech ... Read More