Bench Memos

Law & the Courts

En Banc Sixth Circuit Vacates Rogue Panel Ruling on ‘Fundamental Right to a Basic Minimum Education’

In an order yesterday, the en banc Sixth Circuit granted rehearing of the highly adventuresome panel decision last month that held that the Constitution “provides a fundamental right to a basic minimum education.” Kudos to Judge Eric E. Murphy, who persuasively dissented from the panel decision.

The en banc order vacates the panel decision, so that decision will have no precedential effect. There remains a question whether the settlement that plaintiffs rushed to reach with Michigan governor Gretchen Whitmer in the wake of the panel decision means that the en banc court, once formally notified of the settlement, will dismiss the appeal or whether the Michigan legislature, which is seeking to intervene in the case, has a stake that keeps the matter alive.

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Politics & Policy

The World’s Worst Idea

Almost a decade ago, I wrote a little book called The Politically Incorrect Guide to Socialism. When Regnery asked me to write the book, I was happy to do it but wondered whether a book on socialism, a brief conspectus of its grotesque failures, would be necessary or useful. I wondered why anybody would be ... Read More
Politics & Policy

The World’s Worst Idea

Almost a decade ago, I wrote a little book called The Politically Incorrect Guide to Socialism. When Regnery asked me to write the book, I was happy to do it but wondered whether a book on socialism, a brief conspectus of its grotesque failures, would be necessary or useful. I wondered why anybody would be ... Read More
World

Massive Explosions Devastate Beirut

A series of massive explosions detonated in Beirut on Tuesday, with footage showing a mushroom cloud and shockwave emanating from the city port. [embed]https://twitter.com/air_intel/status/1290676373485490177[/embed] It is still unclear what caused the explosions. Lebanese security forces claimed the ... Read More
World

Massive Explosions Devastate Beirut

A series of massive explosions detonated in Beirut on Tuesday, with footage showing a mushroom cloud and shockwave emanating from the city port. [embed]https://twitter.com/air_intel/status/1290676373485490177[/embed] It is still unclear what caused the explosions. Lebanese security forces claimed the ... Read More
Education

The Shame of the Teachers’ Unions

No other group has shown as much contempt for its own work during the coronavirus crisis as teachers. Their unions are actively fighting to keep kids out of the classroom and also to limit remote instruction, lest it require too much time and attention from people who are supposed to be wholly devoted to ... Read More
Education

The Shame of the Teachers’ Unions

No other group has shown as much contempt for its own work during the coronavirus crisis as teachers. Their unions are actively fighting to keep kids out of the classroom and also to limit remote instruction, lest it require too much time and attention from people who are supposed to be wholly devoted to ... Read More

What or Who Decides This Election?

We know where to watch in the next few weeks but have no real idea what we will be watching. Yet pundits, the media, and the Left seem giddy that their polls show a Trump slump, as if they have learned nothing and forgotten nothing from 2016. But in truth, the news cycle over the next three months may well favor ... Read More

What or Who Decides This Election?

We know where to watch in the next few weeks but have no real idea what we will be watching. Yet pundits, the media, and the Left seem giddy that their polls show a Trump slump, as if they have learned nothing and forgotten nothing from 2016. But in truth, the news cycle over the next three months may well favor ... Read More
U.S.

Our Summer of Cultural Suicide

Cultural suicide used to be a popular diagnosis of why things suddenly just quit. Historians such as Oswald Spengler and Arnold Toynbee cited social cannibalism to explain why once-successful states, institutions, and cultures simply died off. Their common explanation was that the arrogance of success ... Read More
U.S.

Our Summer of Cultural Suicide

Cultural suicide used to be a popular diagnosis of why things suddenly just quit. Historians such as Oswald Spengler and Arnold Toynbee cited social cannibalism to explain why once-successful states, institutions, and cultures simply died off. Their common explanation was that the arrogance of success ... Read More