Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—April 1

Judge Stephen Reinhardt

2008—Wisconsin voters, presented the opportunity to alter what one commentator aptly called the “4-3 liberal majority [that had become] the nation’s premier trailblazer in overturning its own precedents and abandoning deference to the legislature’s policy choices,” defeat associate justice Louis B. Butler Jr.’s bid to remain on the court and elect Michael Gableman in his place. 

2013—The Supreme Court unanimously affirms a ruling by Ninth Circuit judge Stephen Reinhardt.

April Fool’s! Just kidding.

Instead, in a per curiam opinion (in Marshall v. Rodgers), the Supreme Court overturns a Ninth Circuit panel decision joined by Reinhardt and his lefty colleague William A. Fletcher (and authored by a visiting district judge). The Ninth Circuit panel had granted the claim by a habeas petitioner that the state of California had violated his Sixth Amendment right to effective assistance of counsel. But, explains the Supreme Court, the panel’s conclusion that the habeas claim was supported by “clearly established Federal law” rested on its “mistaken belief that circuit precedent may be used to refine or sharpen a general principle of Supreme Court jurisprudence into a specific rule that this Court has not announced.”

Most Popular

Tired of ‘Winning’ Yet?

I’ve never really thought of Mark Steyn as a Palestinian suicide bomber before. You’ll want some context. Steyn, a wonderful writer and former National Review colleague, was filling in for Rush Limbaugh a few weeks ago, and he made the case for using antitrust law to bully technology platforms such as ... Read More

Tired of ‘Winning’ Yet?

I’ve never really thought of Mark Steyn as a Palestinian suicide bomber before. You’ll want some context. Steyn, a wonderful writer and former National Review colleague, was filling in for Rush Limbaugh a few weeks ago, and he made the case for using antitrust law to bully technology platforms such as ... Read More

The Need to Discuss Black-on-Black Crime

Thomas Abt’s book Bleeding Out (2019) has garnered a fair amount of attention for its proposals to deal with gun violence in mainly black urban neighborhoods. The entire focus of the book is on interventions in high-crime locations to stem the violence, including: hot-spots policing, working with young males at ... Read More

The Need to Discuss Black-on-Black Crime

Thomas Abt’s book Bleeding Out (2019) has garnered a fair amount of attention for its proposals to deal with gun violence in mainly black urban neighborhoods. The entire focus of the book is on interventions in high-crime locations to stem the violence, including: hot-spots policing, working with young males at ... Read More

Jason Isbell’s Alt-Alt-Country Masterpiece

There has long been a chasmic disconnect between the creators and the consumers of Americana music. The Americana songwriter still wants to be Woody Guthrie, but the Americana listener stopped being Tom Joad about 60 years ago. Americana — or alt-country, or folk, or whatever we’re calling it this week — ... Read More

Jason Isbell’s Alt-Alt-Country Masterpiece

There has long been a chasmic disconnect between the creators and the consumers of Americana music. The Americana songwriter still wants to be Woody Guthrie, but the Americana listener stopped being Tom Joad about 60 years ago. Americana — or alt-country, or folk, or whatever we’re calling it this week — ... Read More

Protesting Works. Rioting Doesn’t.

The tragic death of George Floyd on May 25 in Minneapolis has set off massive protests in the city and elsewhere. The protesters point to a video in which a police officer uses his knee to restrain Floyd, applying pressure to his neck for several minutes, as Floyd protests that he can’t breathe. This will ... Read More

Protesting Works. Rioting Doesn’t.

The tragic death of George Floyd on May 25 in Minneapolis has set off massive protests in the city and elsewhere. The protesters point to a video in which a police officer uses his knee to restrain Floyd, applying pressure to his neck for several minutes, as Floyd protests that he can’t breathe. This will ... Read More