Bench Memos

A Note on a New Year of “This Day in Liberal Judicial Activism”

As my “This Day in Liberal Judicial Activism” series begins its fifth year,* I make these observations and requests:

1. I’m continually adding new entries—yes, bad judges are providing a lot of new material—so even if you’re a longtime regular reader, I encourage you to read the “This Day” entries. In addition, I hope that repeat entries serve the useful purpose of reminding you how brazen and ridiculous the so-called “living Constitution” enterprise often is and how many liberal follies continue to mar the legal landscape.

2. I invite readers to send me candidates for “This Day” entries. I’d particularly welcome instances of liberal judicial activism (see my definition of that term) from the lower federal courts and from state courts. So if you have examples, new or old, to provide about, say, your regional federal court of appeals or your state supreme court (or even from your own specialized area of the law), please send an e-mail to me at and include the name and date (month, day, and year) of the decision or event, an online link or PDF of the ruling, and a brief description. 

3. As always, I welcome any corrections.

* More precisely, during its first two years, the series was “This Week in Liberal Judicial Activism.”

Most Popular

Politics & Policy

San Francisco Bans Fur Sales

San Francisco has banned the sale of fur. From the CBS-SF story: San Francisco has become the first major U.S. city to ban the sale of fur clothing and products. Tuesday, the Board of Supervisors unanimously approved a measure that prohibits the sale of fur clothes, accessories, even souvenirs in stores and ... Read More

For the First Time in Weeks, Relief Sweeps over Austin

Making the click-through worthwhile: The Austin bomber is done in by one of his own devices; some new numbers suggest that a small but significant portion of Trump voters are tiring of the chaos and aren’t showing up to support other Republicans in 2018; and the mixed news for conservatives coming out of the ... Read More

The Baleful Effect of #MeToo on Campus

Remember the series of hurricanes that pounded the Caribbean last summer? Something like that has been occurring on college campuses, as they're hit by one destructive mania after another: diversity, Title IX, anti-speech protests. Now it's the #MeToo Movement. In this Martin Center article, British academic ... Read More
Politics & Policy

A Time for Choosing

This year’s Conservative Political Action Conference was controversial. Invitations to European nationalist populists such as Nigel Farage and Marion Maréchal-Le Pen (the niece of Marine Le Pen) caused many longtime conservatives to question whether they still belong to the conservative movement. Vocal critics ... Read More