Bench Memos

Not So Extraordinary

A Legal Times story on the aftermath of the deal reports that, as expected, some liberal interest groups will find an “extraordinary circumstance” just about anywhere:

Among the four most widely discussed potential high court nominees–U.S. Court of Appeals Judges J. Michael Luttig of the 4th Circuit, John Roberts Jr. of the D.C. Circuit, and Michael McConnell of the 10th Circuit, and Attorney General Alberto Gonzales–all have past statements and court rulings that, liberal interest groups say, could arguably meet the new, elevated filibuster threshold.

By this standard, the appointment of any conservative to the Supreme Court by President Bush would be “extraordinary.”

Jonathan H. Adler — Jonathan H. Adler teaches courses in environmental, administrative, and constitutional law at the Case Western Reserve University School of Law.

Most Popular

Film & TV

In Unsane, Aetna Meets Kafka

Unsane doesn’t take the form of a horror film; at first, it appears to be a Hitchcockian thriller about mistaken identity or perhaps getting ensnared in a web of bureaucracy. Yet with clinical detachment it develops into a nerve-flaying story almost too agonizing to endure. Unlike most horror movies, it isn’t ... Read More

Viva l’Italia?

Italy has just had elections, with very interesting results. I wanted to talk with Alberto Mingardi, which I have. He is one of the leading classical liberals in Italy -- the director general of the Bruno Leoni Institute, in Milan. (Mingardi himself is Milanese.) He is also an authority in arts and letters. In ... Read More

Putin and the Cult of Leadership

On Sunday, Russian dictator Vladimir Putin won an unsurprising reelection-campaign victory against Communist Party candidate Pavel Grudinin, by a margin of 76.7 percent to 11.8 percent. The results were unsurprising because Putin is a tyrant who murders or imprisons political rivals, and who isn’t afraid to use ... Read More

Trump and Brexit Derangement Syndrome

I am not one of those Brexiteers who believe that Brexit and Trumpism are essentially the same phenomenon in two different countries. To be sure, they both draw on some of the same political trends, notably a distrust of elites and an upsurge of popular anger over evident failures of public policy such as illegal ... Read More