Bench Memos

This Day in Liberal Judicial Activism—December 12

2013—Some things are most fittingly done in the dark of night. Shortly after midnight, the Senate, with 51 yea votes, confirms President Obama’s nomination of hard-left law professor Cornelia Pillard to the D.C. Circuit.

The confirmation of Pillard follows in the wake of Senate Democrats’ abolition of the judicial filibuster. Even three Senate Democrats vote against the Pillard nomination, and not a single Republican votes for it.

During her confirmation process, Pillard was described by some lawyers who know her well as “Reinhardt in a skirt but less moderate” (that’s a reference to Ninth Circuit arch-activist Stephen Reinhardt) and as someone who threatens to be “the most left-wing judge in the history of the Republic.”

Most Popular

Politics & Policy

Basta La Vista, Baby

Dear Reader (And especially Martha McSally’s dog), As I often note, I increasingly tend to see the political scene as a scripted reality show in which the writers don’t flesh out the dialogue so much as move characters into weird, wacky, confrontational, or embarrassing positions. It’s a lot like The ... Read More
Education

Betsy DeVos Strikes a Blow for the Constitution

The Department of Education has issued its long-awaited proposed regulations reforming sexual-assault adjudications on college campus. Not only will these rules restore basic due process and fairness to college tribunals, but they also — given how basic the changes are — highlight just how ridiculous ... Read More
Politics & Policy

ABC News Makes a Serious Mistake

Today, across Twitter, I began to see a number of people condemning the Trump administration (and Betsy DeVos, specifically) for imposing a new definition of sexual assault on campus so strict that it would force women to prove that they were so harassed that they'd been chased off campus and couldn't return. ... Read More