Bench Memos

The Globe Spins

“Discrediting perfectly qualified nominees to the federal judiciary is a dreary, familiar business,” observes a Boston Globe house editorial in support of D.C. Circuit nominee Caitlin Halligan, who will have a cloture vote on her nomination at noon today. That business ought to be especially familiar to the Globe editorial board, as it has engaged in it itself.

Here’s one apt example: In February 2003, the Globe cited Miguel Estrada’s nomination to the D.C. Circuit as its lead piece of evidence that the Senate Judiciary Committee “is approving President Bush’s federal court nominees at speeds that defy common sense.” (For whatever reason, I haven’t been able to locate the editorial online, other than via Nexis.) Never mind that Estrada was nominated in May 2001, some twenty months earlier. That same editorial contended that Estrada wasn’t “providing enough information” for the Globe “to be sure” how to evaluate Estrada’s positions on workers’ rights, abortion, and civil rights, and it praised the “choir” of “Democrats, civil rights groups, labor groups, and women’s groups” that were attacking Estrada.

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U.S.

Regular Order

Jussie Smollett’s story has always sounded a little . . . extraordinary. Smollett, who appears on the television series Empire, says he was attacked on the streets of Chicago at 2 a.m. by two men who shouted racial and homophobic abuses at him, beat him, doused him with bleach, and fastened a noose around ... Read More
Politics & Policy

Let’s Chill about Hate Crimes

‘Jussie Smollett, one of the stars of the television show ‘Empire,’ was attacked in Chicago by 2 assailants who yelled racial and homophobic slurs,” tweeted the New York Times on January 29. Mark the tone of absolute certainty about an unconfirmed claim. Many other news outlets took the same tack. ... Read More
White House

The Failure of the Deal

EDITOR’S NOTE: The following is Jonah Goldberg’s weekly “news”letter, the G-File. Subscribe here to get the G-File delivered to your inbox on Fridays. Dear Reader (But especially Sammie), I had my say on the emergency declaration yesterday, and I’m sure I’ll have to say it all again not very far ... Read More
White House

Trump’s End Run

President Trump may be right in his legal analysis of his declaration of emergency — lose, lose, lose, then win, maybe. He’ll certainly be blocked by the lower courts and then have some chance to prevail in the Supreme Court, which may well be reluctant to adjudicate a conflict between the two branches of ... Read More