Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—August 18

2010—In American Atheists, Inc., v. Duncan, a Tenth Circuit panel holds that the state of Utah violated the Establishment Clause by allowing the private Utah Highway Patrol Association to memorialize troopers killed in the line of duty by erecting large white crosses on public property near the locations of their deaths.

In dissent from his court’s denial of en banc review, Judge Neil Gorsuch will decry that the Tenth Circuit applies its dubious “reasonable observer” test by using an observer who “continues to be biased, replete with foibles, and prone to mistake.”

In a lengthy dissent from the Supreme Court’s failure to grant certioriari, Justice Thomas will lament that the Court “rejects an opportunity to provide clarity to an Establishment Clause jurisprudence in shambles.”

 

Most Popular

Politics & Policy

Ten Questions for the ‘Squad’

Democratic infighting reached a fever pitch last week with bickering and personal attacks between members of the “Squad” and other House Democrats. During that period, Squad members Alexandria Ocasio-Cortez, Ilhan Omar, Rashida Tlaib, and Ayanna Pressley mostly avoided doing interviews. However, that all ... Read More
U.S.

The Rise of the Chinese-American Right

On June 13, during a nasty storm, a group of Chinese New Yorkers gathered in front of the gates of Gracie Mansion, the New York mayor’s residence on the Upper East Side, to protest. Inside, Mayor Bill de Blasio was meeting with two dozen or so representatives of the Asian-American community to discuss his ... Read More
Elections

How Beto Made Himself into White-Privilege Guy

Robert Francis O’Rourke is white. If it’s any consolation, he’s very sorry about that. “Beto” has been running from his Irish ancestry for some time now. Long before the Left fell headlong into the logical termini of its triune fascination with race, power, and privilege, O’Rourke sensed that there ... Read More
White House

The Trump Steamroller

As we settle into high summer and the period of maximum difficulty in finding anything to fill in hours of television news, especially 24/7 news television, two well-established political trends are emerging in this pre-electoral period: The president’s opponents continue to dig themselves into foxholes that ... Read More