Bench Memos

Sotomayor Hearing—Hatch’s Round 3

Senator Hatch ran through Judge Sotomayor’s tenure at PRLDEF, including public reports about her active role in litigation.  Sotomayor said that she wasn’t aware of PRLDEF briefs in abortion cases, didn’t review drafts. 

Asked whether original meaning of Constitution or recent precedents were more important, Sotomayor said that the intent of the Framers, as reflected in the text of the Constitution, governs.  (I hear more groaning and threats of suicide from progressives.  If only she really meant it….) 

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Jussie Smollett’s story has always sounded a little . . . extraordinary. Smollett, who appears on the television series Empire, says he was attacked on the streets of Chicago at 2 a.m. by two men who shouted racial and homophobic abuses at him, beat him, doused him with bleach, and fastened a noose around ... Read More
Politics & Policy

Let’s Chill about Hate Crimes

‘Jussie Smollett, one of the stars of the television show ‘Empire,’ was attacked in Chicago by 2 assailants who yelled racial and homophobic slurs,” tweeted the New York Times on January 29. Mark the tone of absolute certainty about an unconfirmed claim. Many other news outlets took the same tack. ... Read More