Bench Memos

Law & the Courts

Re: Geoffrey Stone’s Assault on the Integrity of the Supreme Court

One additional point, as follow-up to this post:

At the end of his self-puffing opening, Geoffrey Stone declares that while he has of course disagreed with many Supreme Court decisions over the years, he had, until now, “always respected the essential legitimacy and integrity of the Supreme Court as an indispensable institution in our American democracy.”

Oh, really? I’m not going to undertake a comprehensive review of Stone’s work. But, to cite but one stark counterexample, isn’t this the same Geoffrey Stone who foolishly speculated that the Supreme Court majority in Gonzales v. Carhart ruled that the federal ban on partial-birth abortion was constitutionally permissible because “[a]ll five justices in the majority are Catholic” and they “failed to respect the fundamental difference between religious belief and morality”?  

Most Popular

Culture

Cold Brew’s Insidious Hegemony

Soon, many parts of the United States will be unbearably hot. Texans and Arizonans will be able to bake cookies on their car dashboards; the garbage on the streets of New York will be especially pungent; Washington will not only figuratively be a swamp. And all across America, coffee consumers will turn their ... Read More
National Security & Defense

The Warmonger Canard

Whatever the opposite of a rush to war is — a crawl to peace, maybe — America is in the middle of one. Since May 5, when John Bolton announced the accelerated deployment of the Abraham Lincoln carrier group to the Persian Gulf in response to intelligence of a possible Iranian attack, the press has been aflame ... Read More
Elections

The Democrats Made Two Joe Biden Miscalculations

I think it's safe to say that there are many, many progressive Democrats who are more than a little surprised -- and a lot chagrined -- at Joe Biden's polling dominance. Look at FiveThirtyEight's polling roundup. Aside from a few high and low outliers, he leads the race by a solid 20 points (at least). Even ... Read More