Bench Memos

Sotomayor Hearing—Kyl’s Round Two

Judge Sotomayor repeated her mistaken position that Second Circuit precedent compelled the panel result in Ricci.  (I am not contesting that there were circuit precedents that had some bearing on the question, but they didn’t remotely justify the panel’s resort to an unpublished summary order.)  Further, as Senator Kyl pointed out, Sotomayor was free to support en banc review (but she instead provided the decisive vote against en banc review).

Most Popular


The Catholic Church’s Rotherham

‘We are deeply saddened.” So begin the many perfunctory statements of many Catholic bishops today in response to the Pennsylvania grand-jury report detailing how priests in that state abused children and how bishops shuffled these priests around. What deeply saddens these men? The rape of children, the ... Read More

My Journey into the Heart of Obama-Trump Country

After eight years of displeasure with Barack Obama’s presidency, Carla Johnson was ready for a drastic change. The 41-year-old lab technician from Cresco, Iowa, fell for Donald Trump very early in the 2016 primary season. She loved his “take-no-[sh**]” style, his conservative stances on gun control and ... Read More
Politics & Policy

Andrew Cuomo Was Never That Great

Governor Cuomo is shouting again. It must be time for reelection. Queen Victoria complained of William Ewart Gladstone that he “speaks to Me as if I was a public meeting.” Andrew Cuomo has the opposite problem: He addresses public meetings as if trying to convince a recalcitrant octogenarian that the fire ... Read More