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


Democrats Are Dumping Moderates

The activist base of the Democratic party is lurching left fast enough that everyone should pay attention. Activists matter because their turnout in low-turnout primaries and caucuses almost propelled leftist Bernie Sanders to victory over Hillary Clinton in 2016. Last month, Alexandria Ocasio-Cortez unseated New ... Read More

Questions for Al Franken

1)Al, as you were posting on social media a list of proposed questions for Supreme Court nominee Brett Kavanaugh, did it occur to you that your opinion on the matter is no more relevant than Harvey Weinstein’s? 2) Al, is it appropriate for a disgraced former U.S. senator to use the Twitter cognomen “U.S. ... Read More
Politics & Policy

Strzok by a Farce

An investigation is one of two things: a search for the truth, or a farce. The House is conducting a farce. That fact was on full display during ten hours of testimony by Peter Strzok, the logorrheic lawman who steered the FBI’s Clinton-emails and Trump–Russia probes. The principal question before the ... Read More
Film & TV

Stalin at the Movies

Toward the end of The Death of Stalin, two Communist Party bosses size up Joseph Stalin’s immediate successor, Georgy Malenkov. “Can we trust him?” one asks. “Can you ever really trust a weak man?” his comrade answers. Good question. Last week brought the news that the head of Shambhala ... Read More