Bench Memos

Law & the Courts

Do ‘Acting’ Agency Heads Require the Senate’s Advice and Consent?

The question in this post’s title is the topic of a panel discussion that I’ll be taking part in this Friday with law professors Marty Lederman and Jennifer Mascott and constitutional lawyer David Rivkin. (I summarized here the Office of Legal Counsel’s recent opinion answering the question in the negative.)

The panel closes out an impressive day-long conference—“New Normals? The Trump Administration, the Courts, and Administrative Law”—that Adam White has organized in his capacity as director of the C. Boyden Gray Center for the Study of the Administrative State at Antonin Scalia Law School.

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Film & TV

The Mob Gets Kevin Hart

This week, shortly after being tapped to host the Oscars, Hollywood star Kevin Hart found himself on the wrong side of the woke social-justice warriors. His great sin: Years ago, he tweeted jokes referencing homosexuality. More egregiously, in 2010, he did a comedy bit in which he discussed not wanting his son, ... Read More
PC Culture

America Is Intolerably Intolerant

When you think of the sheer vindictiveness of what happened to Oklahoma quarterback Kyler Murray, it takes your breath away. On the very night of his greatest career triumph, a reporter dug up his old tweets (composed when he was a young teenager), reported on the most offensive insults, and immediately and ... Read More
Film & TV

Aquaman Stinks Like Last Month’s Fish

A  major plot point in Aquaman is the tidal wave of garbage with which the undersea folk attack us surface dwellers. These two groups are spoiling for a fight, but I always thought Warner Bros. and I got along pretty well. What did I do to deserve the tidal wave of garbage that is Aquaman itself? I refuse to ... Read More