Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—February 12

2015Never mind Ruth Bader Ginsburg’s repeated explanation at her confirmation hearing in 1993 that the judicial obligation of impartiality required that she give “no hints, no forecasts, no previews” about how she might “vote on questions the Supreme Court may be called upon to decide.” Never mind, further, that the question of the constitutionality of state laws that define marriage as a male-female union is pending before the Court.

Justice Ginsburg, unable or unwilling to contain herself, continues her pattern of openly signaling how she will rule on the issue and how she expects the Court to rule, as she volunteers that she “think[s] it’s doubtful” that a ruling against state marriage laws wouldn’t be accepted by the country. (Ginsburg’s boundless “living Constitution” approach to constitutional interpretation takes its cues from what she calls “the climate of the age,” so her thoughts about what the American public will acquiesce in are closely linked to her view of what the Court should impose.)

Most Popular

Why Not Make Democrats Angry?

Some of the Right’s leading thinkers, people I hold in the highest esteem, say circumstances are so unusual right now that the president and the Senate should do something other than what they ordinarily would do when a Supreme Court vacancy occurs: nominate and consider a replacement for Justice Ruth Bader ... Read More

Why Not Make Democrats Angry?

Some of the Right’s leading thinkers, people I hold in the highest esteem, say circumstances are so unusual right now that the president and the Senate should do something other than what they ordinarily would do when a Supreme Court vacancy occurs: nominate and consider a replacement for Justice Ruth Bader ... Read More
U.S.

Systemic Racism? Make Them Prove It.

I  worked in the criminal-justice system for a quarter century. It is run, day-to-day, by the crème de la crème of graduates from America’s top law schools. Those institutions wear their progressive bona fides on their sleeves and proclaim it for all the world to hear. In their offhand rhetoric — ... Read More
U.S.

Systemic Racism? Make Them Prove It.

I  worked in the criminal-justice system for a quarter century. It is run, day-to-day, by the crème de la crème of graduates from America’s top law schools. Those institutions wear their progressive bona fides on their sleeves and proclaim it for all the world to hear. In their offhand rhetoric — ... Read More
Politics & Policy

Get Your Facts Right

On the menu today: Another reminder that “People of Praise” and “People of Hope” are not the same group, and proof that “People of Hope” did not inspire Margaret Atwood’s The Handmaid’s Tale; wondering what Joe Biden is doing with his time these days; and two Senate committees release their ... Read More
Politics & Policy

Get Your Facts Right

On the menu today: Another reminder that “People of Praise” and “People of Hope” are not the same group, and proof that “People of Hope” did not inspire Margaret Atwood’s The Handmaid’s Tale; wondering what Joe Biden is doing with his time these days; and two Senate committees release their ... Read More