Bench Memos

Sotomayor Hearing—Kohl’s Round 2

Judge Sotomayor provided her fullest discussion of stare decisis principles, but, not surprisingly, nothing determinate follows from it.  Perhaps giving a figurative wink on abortion, she referred to, and discussed, the general factors set forth in the joint opinion in Planned Parenthood v. Casey

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Elections

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