Bench Memos

Senator Hatch’s Round-Two Questions

She says that judges ought not create new constitutional rights, nor change what the Constitution protects, nor change the meaning of the Constitution. Now, she may not really believe this, but I agree with James R. Copland’s post earlier today that such concessions are a moral and intellectual victory. Maybe it will even have some practical impact. Hypocrisy may be the tribute that vice pays to virtue, and hypocrites may be confirmed, but at least we have established what virtue is and what vice is.

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White House

For Democrats, the Party’s Over

If the Democrats are really tempted by impeachment, bring it on. Since the day after the 2016 election they have been threatening this, placing their chips on the Russian-collusion fantasy and then on the phantasmagoric charade of obstruction of justice. The attorney general accurately gave the ingredients of the ... Read More

The 24 Democrats

Every presidential primary ends with one winner and a lot of losers. Some might argue that one or two once-little-known candidates who overperform low expectations get to enjoy a form of moral victory. (Ben Carson and Rick Perry might be happy how the 2016 cycle ended, with both taking roles in Trump’s cabinet. ... Read More