Bench Memos

A Candid Liberal

In this Atlantic essayBrennan-esque liberal law professor Erwin Chemerinsky candidly acknowledges what so many other liberals obscure or deny: that the appointment of Merrick Garland to the Supreme Court would create a liberal majority that “likely would overrule” the Court’s landmark Second Amendment ruling in D.C. v. Heller (2008) and that would move the Court’s decisions dramatically leftward on a broad range of issues, including preventing any regulation of abortion, entrenching racial quotas, eliminating First Amendment protections against campaign-finance restrictions, abolishing the death penalty, and extravagantly overreading the Establishment Clause (farewell, school choice, and goodbye, In God We Trust). 

And all of that is before Chemerinsky even begins briefly sketching his “dream” agenda.


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