Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—February 5

1996—In a muddled speech on the “majesty of the law” at Suffolk University law school, then-district judge Sonia Sotomayor complains that “the public fails to appreciate the importance of indefiniteness in the law”—indefiniteness that sometimes results from the fact that “a given judge (or judges) may develop a novel approach to a specific set of facts or legal framework that pushes the law in a new direction.”

Somehow Sotomayor doesn’t see fit even to question whether, and under what circumstances, it’s proper or desirable for judges to “develop a novel approach” that “pushes the law in a new direction.” Instead, she complains about “recurring public criticism about the judicial process.” The fact that Sotomayor cites as her lead example of unwelcome “public criticism” an article “describing Senator Dole’s criticism of [the] liberal ideology of Clinton judicial appointments and [of the] American Bar Association” lends credence to the suspicion that Sotomayor is less interested in the majesty of the law than in the majesty of liberal activist judges.

Most Popular

Politics & Policy

Strzok by a Farce

An investigation is one of two things: a search for the truth, or a farce. The House is conducting a farce. That fact was on full display during ten hours of testimony by Peter Strzok, the logorrheic lawman who steered the FBI’s Clinton-emails and Trump–Russia probes. The principal question before the ... Read More
Elections

Democrats Are Dumping Moderates

The activist base of the Democratic party is lurching left fast enough that everyone should pay attention. Activists matter because their turnout in low-turnout primaries and caucuses almost propelled leftist Bernie Sanders to victory over Hillary Clinton in 2016. Last month, Alexandria Ocasio-Cortez unseated New ... Read More
Film & TV

Stalin at the Movies

Toward the end of The Death of Stalin, two Communist Party bosses size up Joseph Stalin’s immediate successor, Georgy Malenkov. “Can we trust him?” one asks. “Can you ever really trust a weak man?” his comrade answers. Good question. Last week brought the news that the head of Shambhala ... Read More
World

‘The Warning Lights Are Blinking Red Again’

One of President Trump’s outstanding appointments has been Dan Coats, his director of national intelligence. Coats is a former House member, former senator, and former ambassador to Germany. He is a Hoosier (i.e., from Indiana). Whether he plays basketball, I don’t know. At Wheaton College, he played soccer. ... Read More