Bench Memos

A Reversal of Course—in the Right Direction

At Ricochet, legal commentator Adam Freedman, who notes that he “used to buy the federalism argument” against DOMA, now recognizes that it is wrong. As he puts it, “the more I studied it—and searched the scholars’ brief for pearls of wisdom—the less persuaded I became.” I’m also grateful for his acknowledgment of the role of my work in changing his mind.

Many people feel locked in to positions that they initially adopt. It’s a credit to Freedman’s genuine openmindedness (as well as to his sound judgment) that he has changed his position.

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Politics & Policy

Basta La Vista, Baby

Dear Reader (And especially Martha McSally’s dog), As I often note, I increasingly tend to see the political scene as a scripted reality show in which the writers don’t flesh out the dialogue so much as move characters into weird, wacky, confrontational, or embarrassing positions. It’s a lot like The ... Read More

Betsy DeVos Strikes a Blow for the Constitution

The Department of Education has issued its long-awaited proposed regulations reforming sexual-assault adjudications on college campus. Not only will these rules restore basic due process and fairness to college tribunals, but they also — given how basic the changes are — highlight just how ridiculous ... Read More
Politics & Policy

ABC News Makes a Serious Mistake

Today, across Twitter, I began to see a number of people condemning the Trump administration (and Betsy DeVos, specifically) for imposing a new definition of sexual assault on campus so strict that it would force women to prove that they were so harassed that they'd been chased off campus and couldn't return. ... Read More