Senator Kyl is masterful again. He points out that her earlier claim — that her hands in Ricci were bound by Supreme Court and Second Circuit precedent — is simply not true. What is the precedent, he asks, and asks. She doesn’t answer, and doesn’t answer. Finally she cites the Bushey decision — a 1984 Second Circuit decision predating all kinds of intervening Supreme Court decisions and statutory amendments. Then Kyl points out that, even if this were binding precedent, it could have been overturned by en banc review, which she voted against (the deciding vote, as Senator Sessions pointed out yesterday). She has no answer to this, either. Nor does she have a convincing answer to Senator Kyl’s next question, regarding her panel’s back-of-the-hand rejection of a case that ultimately was important enough to command the attention of a majority-minus-one of the Second Circuit, the Supreme Court (which rejected her approach 9-0, as Senator Kyl notes), and the nation. On the question of whether the Supreme Court rejected her approach 9-0, she says it’s hard to say because “there were a lot of opinions in that case.” Ridiculous. There were four opinions, and obviously the majority and the two concurrences (by Scalia and Alito) rejected her approach. And Ginsburg does, too (see footnote 10 and page 23). She is not telling the truth.
It's always a good day when even Justice Ruth Bader Ginsburg writes like an originalist -- and that's exactly what she did when she wrote the opinion for seven justices in Timbs v. Indiana (justices Gorsuch and Thomas filed separate concurring opinions). At issue was the important question of whether the Eighth ... Read More
You may have missed this news, but Chris Pratt, one of the most likable celebrities in modern American life, is now problematic to some people. But he’s not alone. Justin Bieber, Kylie Jenner, and Selena Gomez are under scrutiny now also. Their crime? They’ve attended Evangelical churches — such as Hillsong ... Read More
On January 29, tabloid news site TMZ broke the shocking story that Jussie Smollett, a gay black entertainer and progressive activist, had been viciously attacked in Chicago. Two racist white men had fractured his rib, poured bleach on him, and tied a noose around his neck. As they were leaving, they shouted ... Read More
Bernie Sanders, the antique Brooklyn socialist who represents Vermont in the Senate, is not quite ready to retire to his lakeside dacha and so once again is running for the presidential nomination of a party to which he does not belong with an agenda about which he cannot be quite entirely ... Read More
Modern prophets often say one thing and do another. Worse, they often advocate in the abstract as a way of justifying their doing the opposite in the concrete. The result is that contemporary culture abounds with the inexplicable — mostly because modern progressivism makes all sorts of race, class, and ... Read More
To understand how far left (and how quickly) the Democratic party has moved, let’s cycle back a very short 20 years. If 1998 Bill Clinton ran in the Democratic primary today, he’d be instantaneously labeled a far-right bigot. His support for the Religious Freedom Restoration Act, the Defense of Marriage Act, ... Read More
‘There are two ways through life -- the way of nature and the way of grace,” remarks the saintly mother at the outset of The Tree of Life, one of the most awe-inspiring films of the 21st century. She continues: Grace doesn’t try please itself. It accepts being slighted, forgotten, disliked, accepts insults ... Read More