Bench Memos

More Judicial Imperialism

By a vote of 4-3 (the same margin as their Massachusetts and California predecessors), the Connecticut supreme court has invented a right to same-sex marriage under the state constitution.  The majority opinion and the three dissents in Kerrigan v. Commissioner of Public Health are available here.

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Elections

Everybody Loses, Which Helps Biden

Reactions to tonight's debate will likely be deeply polarized, as everything else is. There are a few things that are clear. One, this was probably the worst presidential debate in American history. There was a ton of cross-talk and shouting down, there were many bald-faced lies and obvious evasions, a former ... Read More
Elections

Everybody Loses, Which Helps Biden

Reactions to tonight's debate will likely be deeply polarized, as everything else is. There are a few things that are clear. One, this was probably the worst presidential debate in American history. There was a ton of cross-talk and shouting down, there were many bald-faced lies and obvious evasions, a former ... Read More

Ben Sasse: Everybody Loves Amy

After Justice Anthony Kennedy announced his retirement in 2018, Ben Sasse had three words on his mind: Amy Coney Barrett. They’d been on his mind for a while. The Nebraska senator had first started hearing about Barrett from faculty at Notre Dame Law School, where Barrett was a professor, shortly after Trump ... Read More

Ben Sasse: Everybody Loves Amy

After Justice Anthony Kennedy announced his retirement in 2018, Ben Sasse had three words on his mind: Amy Coney Barrett. They’d been on his mind for a while. The Nebraska senator had first started hearing about Barrett from faculty at Notre Dame Law School, where Barrett was a professor, shortly after Trump ... Read More