Bench Memos

Senators Durbin and Klobuchar Wanting to Both Eat and Have Their Cake

In their questioning of Linda Chavez, Senators Durbin and Klobuchar suggest that she had denigrated or ignored Sotomayor’s achievements at Princeton. That’s ridiculous, as Linda made clear. Their assumption that Linda must be saying this, however, is instructive: Liberals want standards lowered in order to get politically correct numbers, but get hypersensitive whenever anyone points out that lower standards mean less qualified people. It’s also instructive that members of the minority groups who are the supposed beneficiaries of this standard-lowering — like Judge Sotomayor — will indeed often be assumed to be less qualified because of their membership, even if they aren’t.

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Law & the Courts

The Second(-Class) Amendment

Editor’s Note: The following is the fourth in a series of articles in which Mr. Yoo and Mr. Phillips will lay out a course of constitutional restoration, pointing out areas where the Supreme Court has driven the Constitution off its rails and the ways the current Court can put it back on track. The first entry ... Read More

The Brexit Crisis

After what seem like years of a phony war, British and European Union negotiators finally agreed on the terms of Britain’s departure from the EU earlier this week, and Theresa May announced it in the House of Commons. The deal covers more than 500 pages of legal and bureaucratic prose, and few but the ... Read More

Friends of Elmer

Do you know what scares an American outdoorsman more than a grizzly bear? Twitter. In the late summer and early autumn, the hunting world had its eyes on the courts: The Trump administration had issued new guidance that would permit the hunting of brown bears (popularly known as grizzly bears), including in ... Read More