Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—February 2

2009—Ninth Circuit judge Stephen Reinhardt, acting in his administrative capacity as designee of the current Chair of the Ninth Circuit’s Standing Committee on Federal Public Defenders, opines that the federal Defense of Marriage Act is unconstitutional insofar as it requires that federal benefits available to spouses of federal employees not be extended to same-sex spouses. Disguising his administrative misdetermination as a Ninth Circuit judicial order, Reinhardt purports to direct the Administrative Office of the United States Courts to add an employee’s same-sex spouse as a beneficiary.

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White House

The President’s Do-Over

I agree with Jonah on all counts: On net, President Trump’s do-over of his Helsinki remarks is a good thing; regrettably, it is not sincere; and while I hope the revised version is the one he sticks to, I don’t have confidence that will be the case -- as posited in my column Tuesday on the folly of having the ... Read More