Bench Memos

This Day in Liberal Judicial Activism—January 30

2006—Senator Kerry’s Davos-led fili-bluster of Supreme Court nominee Samuel Alito fails. The Senate’s longstanding tradition of providing Supreme Court nominees an up-or-down vote on the Senate floor is respected.

2014—By a vote of 5-1, the Maine supreme court, purporting to reconcile two statutes, rules that a public school is required to allow a “transgender girl”—that is, a boy who identifies as a girl—to use a girls’ bathroom.

As the dissenter argues, the ruling defies “the plain language of a specific statute [that] explicitly requires segregating school bathrooms by sex.” Further, the ruling construes the Maine Human Rights Act in a way that “inescapably lead[s] to the conclusion that an individual may not be denied access to public bathrooms based upon sex.” The majority doesn’t dispute this proposition, and one member of the majority expressly agrees with it.

In other words, under the court’s logic, men in Maine may now use any public women’s bathroom, and women in Maine may now use any public men’s bathroom. (A “public” bathroom is any bathroom in a “place of public accommodation.”) Indeed, even labeling a bathroom with a sign designating “Men” or “Women” violates the majority’s understanding of the MHRA.

Most Popular

U.S.

The Next Populist Revolt

For the past half decade, Europe has acted as a preview of coming attractions in American politics. The reaction to the confluence of immigration and terrorism on the continent foreshadowed the direction the Republican Party would take under Donald Trump. The surprise victory of “Leave” in the Brexit ... Read More
U.S.

The Next Populist Revolt

For the past half decade, Europe has acted as a preview of coming attractions in American politics. The reaction to the confluence of immigration and terrorism on the continent foreshadowed the direction the Republican Party would take under Donald Trump. The surprise victory of “Leave” in the Brexit ... Read More
White House

Hell, Yes

Editor’s Note: If you would like to read more pros and cons on voting for President Trump, further essays on the subject, each from a different perspective, can be found here, here, here, here, and here. These articles, and the one below, reflect the views of the individual authors, not of the National ... Read More
White House

Hell, Yes

Editor’s Note: If you would like to read more pros and cons on voting for President Trump, further essays on the subject, each from a different perspective, can be found here, here, here, here, and here. These articles, and the one below, reflect the views of the individual authors, not of the National ... Read More
Politics & Policy

Some Answers for Nicholas Kristof

The New York Times columnist uses a series of “questions” — not all of them phrased in a way that would be acceptable on Jeopardy — to urge religious conservatives to adopt a more “nuanced” position on abortion. Q: “Why do so many [Christians] see fervent opposition to any abortion as a religious ... Read More
Politics & Policy

Some Answers for Nicholas Kristof

The New York Times columnist uses a series of “questions” — not all of them phrased in a way that would be acceptable on Jeopardy — to urge religious conservatives to adopt a more “nuanced” position on abortion. Q: “Why do so many [Christians] see fervent opposition to any abortion as a religious ... Read More

Another Pollster Sees a Trump Win

The Trafalgar Group’s Robert Cahaly is an outlier among pollsters in that he thinks President Trump will carry Michigan, Pennsylvania, or both, and hence be reelected with roughly 280 electoral votes. (I explained his thinking here.) Last week another pollster, Jim Lee of Susquehanna Polling and Research, ... Read More

Another Pollster Sees a Trump Win

The Trafalgar Group’s Robert Cahaly is an outlier among pollsters in that he thinks President Trump will carry Michigan, Pennsylvania, or both, and hence be reelected with roughly 280 electoral votes. (I explained his thinking here.) Last week another pollster, Jim Lee of Susquehanna Polling and Research, ... Read More
Sports

Madden 21’s Creepy Colin Kaepernick Coercion

Madden NFL 21, this year’s iteration of the only major football video game in the world, has an average Google user rating of 1.4 out of 5. On Metacritic, it’s .2 out of 10. At CGMagazine, Brock McLaughlin writes that “This game is much like 2020, a giant disaster” and urged those interested to buy it if ... Read More
Sports

Madden 21’s Creepy Colin Kaepernick Coercion

Madden NFL 21, this year’s iteration of the only major football video game in the world, has an average Google user rating of 1.4 out of 5. On Metacritic, it’s .2 out of 10. At CGMagazine, Brock McLaughlin writes that “This game is much like 2020, a giant disaster” and urged those interested to buy it if ... Read More