Bench Memos

Precedent on Precedent

The Congressional Research Service has released a new report on how the Supreme Court treats precedent. A copy of the report has been posted at How Appealing here. Among other things, the report notes that the Supreme Court lacks a “coherent or stable conception of the appropriate role of precedent in constitutional adjudication.”

Jonathan H. Adler — Mr. Adler is an NRO contributing editor and the inaugural Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His latest book is Marijuana Federalism: Uncle Sam and Mary Jane.

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Elections

About That ‘Broken Algorithm’

Of all the loopy assertions made at the press conference President Trump’s legal team conducted last Thursday, the one that has been most roundly derided is the since-ousted Sidney Powell’s claim that the national popular vote was such a landslide for President Trump “that it broke the algorithm that had ... Read More
Elections

About That ‘Broken Algorithm’

Of all the loopy assertions made at the press conference President Trump’s legal team conducted last Thursday, the one that has been most roundly derided is the since-ousted Sidney Powell’s claim that the national popular vote was such a landslide for President Trump “that it broke the algorithm that had ... Read More
Books

Jordan Peterson v. the Publishing Mob

Staff at Penguin Random House Canada have “confronted management” about the decision to publish Jordan Peterson’s book in an “emotional town hall,” Vice reports. Peterson’s Beyond Order: 12 More Rules for Life will be released in March 2021. Apparently, one “junior employee who is a member of the ... Read More
Books

Jordan Peterson v. the Publishing Mob

Staff at Penguin Random House Canada have “confronted management” about the decision to publish Jordan Peterson’s book in an “emotional town hall,” Vice reports. Peterson’s Beyond Order: 12 More Rules for Life will be released in March 2021. Apparently, one “junior employee who is a member of the ... Read More
U.S.

The Coming Anti-COVID Restriction Backlash

The backlash is coming. It already seems clear that the first major political and cultural eruption of the Biden years will be a roiling populist backlash against the next round of COVID restrictions. We saw this sentiment play out in sporadic anti-lockdown demonstrations last spring, and it has driven ... Read More
U.S.

The Coming Anti-COVID Restriction Backlash

The backlash is coming. It already seems clear that the first major political and cultural eruption of the Biden years will be a roiling populist backlash against the next round of COVID restrictions. We saw this sentiment play out in sporadic anti-lockdown demonstrations last spring, and it has driven ... Read More
Elections

To ‘Steal’ an Election

Dan has a good article on the homepage, the main point of which is that the system worked, since Trump’s efforts to reverse the election failed. Certainly I agree with him about that. But he also finds charges that Trump tried to “steal” the election “overheated.” Since I made such a claim myself, I ... Read More
Elections

To ‘Steal’ an Election

Dan has a good article on the homepage, the main point of which is that the system worked, since Trump’s efforts to reverse the election failed. Certainly I agree with him about that. But he also finds charges that Trump tried to “steal” the election “overheated.” Since I made such a claim myself, I ... Read More