Bench Memos

Law & the Courts

Misguided ‘Pro-Life’ Attack on Trump Supreme Court Candidate Allison Eid

Five down, one to go. Let’s get to it.

Pro-life activist Andy Schlafly’s entire support for his assertion that Colorado supreme court justice Allison Eid “probably would NOT be pro-life on the Supreme Court” is his assertion that she is

unusually silent on abortion; she tersely dissented from a denial of cert. before the Colorado Sup. Ct. in a challenge to an injunction against abortion protesters, initially on only the limited grounds of the length of the injunction and then later only on free speech grounds.

I confess that I can’t make sense of Schlafly’s complaint, and at this point I’m not inclined to imagine that there might be any there there. I will note that the rulings at issue came in the case of Saint John’s Church in the Wilderness v. Scott, in which a church brought a nuisance action against protesters who demonstrated against abortion and homosexuality in a manner that interfered with church services.

You might think that a pro-life activist would give Eid credit for trying to get her court to review the rulings of the state court of appeals and for dissenting publicly—twice—from its failure to do so. But, no, we’re evidently supposed to imagine that Eid’s dissent should have been more verbose and should have been on some other grounds (grounds that Schlafly won’t clue us in on).

I have no idea what Schlafly’s hyperlink to a U.S. Supreme Court certiorari petition that Eugene Volokh filed is meant to signify.

I will have some closing thoughts on Schlafly’s attacks in what I expect to be my final post in this series.

Most Popular

White House

The Trivialization of Impeachment

We have a serious governance problem. Our system is based on separation of powers, because liberty depends on preventing any component of the state from accumulating too much authority -- that’s how tyrants are born. For the system to work, the components have to be able to check each other: The federal and ... Read More

‘Texodus’ Bodes Badly for Republicans

‘I am a classically trained engineer," says Representative Will Hurd, a Texas Republican, "and I firmly believe in regression to the mean." Applying a concept from statistics to the randomness of today's politics is problematic. In any case, Hurd, 42, is not waiting for the regression of our politics from the ... Read More

Feminists Have Turned on Pornography

Since the sexual revolution of the 1960s, the feminist movement has sought to condemn traditional sexual ethics as repressive, misogynistic, and intolerant. As the 2010s come to a close, it might be fair to say that mainstream culture has reached the logical endpoint of this philosophy. Whereas older Americans ... Read More

Put Up or Shut Up on These Accusations, Hillary

Look, one 2016 candidate being prone to wild and baseless accusations is enough. Appearing on Obama campaign manager David Plouffe’s podcast, Hillary Clinton suggested that 2016 Green Party candidate Jill Stein was a “Russian asset,” that Republicans and Russians were promoting the Green Party, and ... Read More

Not Less Religion, Just Different Religion

The Pew Poll tells us that society is secularizing -- particularly among the young -- and who can deny it? That is one reason that the free expression of religion is under such intense pressure in the West. But it seems to me that we aren't really becoming less religious. Rather, many are merely changing that ... Read More