Bench Memos

From Dean to SG?

Bloomberg is reporting that two Deans — Harvard Law School Dean Elena Kagan and former Stanford Law School Dean Kathleen Sullivan — are under consideration for Solicitor General.  Either would be an effective advocate for the Obama Administration.  It’s also notable that if either is confirmed for SG, she would be an instant short-lister for the Supreme Court.  Orin Kerr has more on the possible SG pick here

Jonathan H. Adler — Mr. Adler is an NRO contributing editor and the inaugural Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His latest book is Marijuana Federalism: Uncle Sam and Mary Jane.

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World

Europe Makes Its Choice

The president of the European Council does not usually make news when addressing the UN General Assembly. In fact, the current occupant of the post, Charles Michel might be used to giving UN addresses that attract minimal attention. He is, after all, a former prime minister of Belgium. However, today was ... Read More
World

Europe Makes Its Choice

The president of the European Council does not usually make news when addressing the UN General Assembly. In fact, the current occupant of the post, Charles Michel might be used to giving UN addresses that attract minimal attention. He is, after all, a former prime minister of Belgium. However, today was ... Read More
Law & the Courts

Judge Barrett on the Second Amendment

Judge Amy Coney Barrett’s impressive dissent in Kanter v. Barr (pp. 27-64) illustrates both her fidelity to the Supreme Court’s landmark Second Amendment ruling in District of Columbia v. Heller (2008) and her masterful application of the constitutional methodology of originalism. Rickey I. Kanter pleaded ... Read More
Law & the Courts

Judge Barrett on the Second Amendment

Judge Amy Coney Barrett’s impressive dissent in Kanter v. Barr (pp. 27-64) illustrates both her fidelity to the Supreme Court’s landmark Second Amendment ruling in District of Columbia v. Heller (2008) and her masterful application of the constitutional methodology of originalism. Rickey I. Kanter pleaded ... Read More

BLM Becomes the PLO

I am inclined to think that the Palestinians have some legitimate beefs, historically speaking. I just don’t care very much. You blow up children in pizza shops, and your priorities go right to the bottom of my global humanitarian to-do list. Palestinians want a state? I wouldn’t lend Mahmoud Abbas a cup ... Read More

BLM Becomes the PLO

I am inclined to think that the Palestinians have some legitimate beefs, historically speaking. I just don’t care very much. You blow up children in pizza shops, and your priorities go right to the bottom of my global humanitarian to-do list. Palestinians want a state? I wouldn’t lend Mahmoud Abbas a cup ... Read More
Law & the Courts

The Judicial Branch Ragnarök Is Upon Us

As expected, President Trump selected Amy Coney Barrett as his third nominee to the U.S. Supreme Court, and now the Judicial Branch Ragnarök and Related Festival of Catholic-Bashing is upon us. Senate Democrats could argue that based upon Barrett’s past decisions, they don’t agree with her legal ... Read More
Law & the Courts

The Judicial Branch Ragnarök Is Upon Us

As expected, President Trump selected Amy Coney Barrett as his third nominee to the U.S. Supreme Court, and now the Judicial Branch Ragnarök and Related Festival of Catholic-Bashing is upon us. Senate Democrats could argue that based upon Barrett’s past decisions, they don’t agree with her legal ... Read More
Law & the Courts

On Judge Barrett, Let’s Tell the Truth

Once when I was a kid, my dad held up three fingers and asked, “Does this two look like a three?” Little did I know that this attempted sleight of hand would become a regular feature of the process for appointing federal judges. Watch for it in the days ahead as the Senate considers President Donald Trump’s ... Read More
Law & the Courts

On Judge Barrett, Let’s Tell the Truth

Once when I was a kid, my dad held up three fingers and asked, “Does this two look like a three?” Little did I know that this attempted sleight of hand would become a regular feature of the process for appointing federal judges. Watch for it in the days ahead as the Senate considers President Donald Trump’s ... Read More