Bench Memos

Law & the Courts

Top Obama Lawyer: I Would Have Recommended Republican Strategy on Scalia Vacancy

In an ABA panel discussion yesterday in which I took part, Kathryn Ruemmler, who served as President Obama’s White House counsel from June 2011 to June 2014 candidly acknowledged that if the political roles had been reversed—if, that is, a Supreme Court vacancy had arisen in an election year in which the president was a Republican and the Senate was controlled by Democrats—she would have recommended that Senate Democrats take exactly the same course (no hearings, no vote) that Senate Republicans took on the Scalia vacancy.

There is no reason to think that Ruemmler would have recommended a course of action that she regarded as unconstitutional. So Ruemmler’s remark also shows that she (sensibly) rejects the “silly” and “obviously fatuous” claim by Erwin Chemerinsky, Larry Tribe, and some other law professors that the Senate had a constitutional duty to hold a hearing and vote on the Garland nomination. 

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Culture

Let Alfie Evans Go to Rome

Alfie Evans, 23 months old, is hospitalized with a rare neurodegenerative disorder. Against his parents’ wishes, his doctors at Alder Hey Hospital in Liverpool removed him from life support on Monday evening, maintaining that further treatment would be futile. Bambino Gesù Pediatric Hospital in Rome has ... Read More
Education

Is Journalism School Worth It?

Clarence Darrow dropped out of law school after just a year, figuring that he would learn what he needed to know about legal practice faster if he were actually doing it than sitting in classrooms. (Today, that wouldn't be possible, thanks to licensing requirements.) The same thing is true in other fields -- ... Read More
Culture

Wednesday Links

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World

Microscopic Dots. Let’s Look at Them.

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Law & the Courts

Alfie and Haleigh and Charlie and Jahi

When British hospital officials tried to pull the plug on 23-month-old toddler Alfie Evans on Monday night in arrogant defiance of his parents' wishes, many Americans took to Twitter to count their blessings that they live in a country that would not allow such tyranny. "Stories like Alfie Evans make me ... Read More