Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—February 22

1994—Justice Blackmun’s law clerks, perhaps concerned that he is falling behind on his citechecking responsibilities, melodramatically announce (in a dissent from denial of certiorari in Callins v. Collins) that he “no longer shall tinker with the machinery of death.” No, he’s not abandoning his lawless abortion jurisprudence. Rather, he is announcing that he will henceforth—in the few remaining months of his 24-year career on the Court—regard the death penalty as unconstitutional.

According to liberal legal scholar David J. Garrow (in this essay), Blackmun’s records show, “especially after 1990, … a scandalous abdication of judicial responsibility.” Among other things, “his clerks were almost wholly responsible for his famous denunciation of capital punishment” in Callins. One memo from a clerk to Blackmun regarding a new draft of the Callins opinion encapsulates the role reversal: “I have not altered any of the cites. It is therefore unnecessary for you to recheck the cites for accuracy.”

Most Popular

Law & the Courts

Judge Barrett on the Second Amendment

Judge Amy Coney Barrett’s impressive dissent in Kanter v. Barr (pp. 27-64) illustrates both her fidelity to the Supreme Court’s landmark Second Amendment ruling in District of Columbia v. Heller (2008) and her masterful application of the constitutional methodology of originalism. Rickey I. Kanter pleaded ... Read More
Law & the Courts

Judge Barrett on the Second Amendment

Judge Amy Coney Barrett’s impressive dissent in Kanter v. Barr (pp. 27-64) illustrates both her fidelity to the Supreme Court’s landmark Second Amendment ruling in District of Columbia v. Heller (2008) and her masterful application of the constitutional methodology of originalism. Rickey I. Kanter pleaded ... Read More
World

Europe Makes Its Choice

The president of the European Council does not usually make news when addressing the UN General Assembly. In fact, the current occupant of the post, Charles Michel might be used to giving UN addresses that attract minimal attention. He is, after all, a former prime minister of Belgium. However, today was ... Read More
World

Europe Makes Its Choice

The president of the European Council does not usually make news when addressing the UN General Assembly. In fact, the current occupant of the post, Charles Michel might be used to giving UN addresses that attract minimal attention. He is, after all, a former prime minister of Belgium. However, today was ... Read More
Law & the Courts

The Judicial Branch Ragnarök Is Upon Us

As expected, President Trump selected Amy Coney Barrett as his third nominee to the U.S. Supreme Court, and now the Judicial Branch Ragnarök and Related Festival of Catholic-Bashing is upon us. Senate Democrats could argue that based upon Barrett’s past decisions, they don’t agree with her legal ... Read More
Law & the Courts

The Judicial Branch Ragnarök Is Upon Us

As expected, President Trump selected Amy Coney Barrett as his third nominee to the U.S. Supreme Court, and now the Judicial Branch Ragnarök and Related Festival of Catholic-Bashing is upon us. Senate Democrats could argue that based upon Barrett’s past decisions, they don’t agree with her legal ... Read More