Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—December 3

2012—A Ninth Circuit panel, in an opinion by Judge Stephen Reinhardt, rules that a police officer was not entitled to qualified immunity on a plaintiff’s claim that he had violated her constitutional rights by entering her yard in pursuit of a suspect. Under clearly established law, Reinhardt maintains, the police officer should have known that his entry was unconstitutional.

One year later, the Supreme Court summarily reverses Reinhardt in a unanimous per curiam ruling (in Stanton v. Sims). Here’s how the Court summarizes the actual state of this supposedly “clearly established” body of law:

“Two opinions of this Court were equivocal on the lawfulness of his entry; two opinions of the State Court of Appeal affirmatively authorized that entry; the most relevant opinion of the Ninth Circuit was readily distinguishable; two Federal District Courts in the Ninth Circuit had granted qualified immunity in the wake of that opinion; and the federal and state courts of last resort around the Nation were sharply divided.”

Most Popular

Politics & Policy

Pelosi’s House of Pain

Not so long ago — as recently as the cover of the March 2019 Rolling Stone, in fact — they seemed like the best of friends. I'm referring to Nancy Pelosi and the members of "The Squad": Ilhan Omar, Alexandria Ocasio-Cortez, and (not pictured) Rashida Tlaib and Ayanna Pressley. They shared some good ... Read More
Education

Gender Dissenter Gets Fired

Allan M. Josephson is a distinguished psychiatrist who, since 2003, has transformed the division of child and adolescent psychiatry and psychology at the University of Louisville from a struggling department to a nationally acclaimed program. In the fall of 2017 he appeared on a panel at the Heritage Foundation ... Read More
Film & TV

How Seinfeld Mastered the Comedy Domain

I can’t say whether Larry Charles, Larry David, Alec Berg, Spike Feresten, and the rest of the brilliant writers of Seinfeld were students of F. Scott Fitzgerald, but they might as well have been. Fitzgerald supplied the best advice for sitcom writers: Start with an individual, and before you know it you find ... Read More