Bench Memos

Re: Fred Thompson on Southwick Nomination

It’s good to see Fred Thompson weigh in on the Southwick nomination (and I’m also pleased to see that Bench Memos is on his blog roll).  I disagree, however, with a tack that he and some other defenders of the nomination have taken—namely, to highlight that Southwick did not write, but merely joined, the two opinions that are contested.  With due allowance for the leeway afforded the writing judge, judges who join opinions may fairly be held to account for joining those opinions, and in some cases it might well be that one or two joinders shed damning light on a nominee’s suitability. 


The proper defense of Southwick is that there is nothing objectionable about the opinions that he joined (as I have spelled out repeatedly, including here).


Most Popular


A Home Run by Trump

In 2007, the Justice Department was in disarray. Though it was largely exaggerated, a controversy over the firing of some United States attorneys, the intrusion of politics into Justice Department hiring decisions, and White House contacts with Main Justice forced the resignation of an overmatched attorney ... Read More
Energy & Environment

Identifying the Problem

EDITOR’S NOTE: The following is Jonah Goldberg’s weekly “news”letter, the G-File. Subscribe here to get the G-File delivered to your inbox on Fridays. Dear Reader (including all passengers on Spaceship Earth), So, as often happens, a weasel crawls up your tailpipe (I mean of your car, sicko). It ... Read More