Bench Memos

Senator Specter’s Questioning

Senator Specter says those criticizing the “wise Latina” speech are “making a mountain out of a molehill” because everyone is proud of and influenced by his or her background — but, of course, the problem with her remarks is that she said that her race and ethnicity made her better than those who didn’t share them. Specter then criticizes Robert Bork’s insistence on originalism because the folks back in the old days were politically incorrect — but if you think what the Framers wrote into the Constitution is politically incorrect, Senator Specter, why not amend it rather than encourage judges just to make up new constitutional provisions or ignore or distort the ones you don’t like?

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White House

The Democrats’ Burisma Bait and Switch

Imagine you get indicted in a swindle. The prosecutors represent that they can prove you and your alleged co-conspirators planned to fleece a major financial institution. You counter that you weren’t fleecing anyone. Sure, you were asking for millions in loans, but the collateral you were prepared to post was ... Read More
White House

The Democrats’ Burisma Bait and Switch

Imagine you get indicted in a swindle. The prosecutors represent that they can prove you and your alleged co-conspirators planned to fleece a major financial institution. You counter that you weren’t fleecing anyone. Sure, you were asking for millions in loans, but the collateral you were prepared to post was ... Read More

A Nation of Barbers

It seems almost inevitable that long hair is unwelcome at Barbers Hill High School. There’s a touch of aptronymic poetry in Texas public-school dress-code disputes. When I was in school in the 1980s, at the height of the Satanism panic, the local school-district superintendent circulated a list of ... Read More

A Nation of Barbers

It seems almost inevitable that long hair is unwelcome at Barbers Hill High School. There’s a touch of aptronymic poetry in Texas public-school dress-code disputes. When I was in school in the 1980s, at the height of the Satanism panic, the local school-district superintendent circulated a list of ... Read More
Politics & Policy

15 Flaws in Adam Schiff’s Case

Adam Schiff did most of the heavy lifting for the House managers, and if he performed ably, he also relied on arguments and tropes that don’t withstand scrutiny. The Democratic case for impeachment and removal is now heavily encrusted with clichés, widely accepted by the media, meant to give their ... Read More
Politics & Policy

15 Flaws in Adam Schiff’s Case

Adam Schiff did most of the heavy lifting for the House managers, and if he performed ably, he also relied on arguments and tropes that don’t withstand scrutiny. The Democratic case for impeachment and removal is now heavily encrusted with clichés, widely accepted by the media, meant to give their ... Read More

When There Is No Normal

One of the ancient and modern critiques of democracy is that radicals destroy norms for short-term political gain, norms that they themselves often later seek as refuge. Schadenfreude, irony, paradox, and karma are various descriptions of what happens to revolutionaries, and unfortunately the innocent, who ... Read More

When There Is No Normal

One of the ancient and modern critiques of democracy is that radicals destroy norms for short-term political gain, norms that they themselves often later seek as refuge. Schadenfreude, irony, paradox, and karma are various descriptions of what happens to revolutionaries, and unfortunately the innocent, who ... Read More