Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—August 18

(Photo: Shutterstock)

2010—In American Atheists, Inc., v. Duncan, a Tenth Circuit panel holds that the state of Utah violated the Establishment Clause by allowing the private Utah Highway Patrol Association to memorialize troopers killed in the line of duty by erecting large white crosses on public property near the locations of their deaths.

In dissent from his court’s denial of en banc review, Judge Neil Gorsuch will decry that the Tenth Circuit applies its dubious “reasonable observer” test by using an observer who “continues to be biased, replete with foibles, and prone to mistake.”

In a lengthy dissent from the Supreme Court’s failure to grant certioriari, Justice Thomas will lament that the Court “rejects an opportunity to provide clarity to an Establishment Clause jurisprudence in shambles.”

Most Popular

Law & the Courts

The Real Reason for That Kavanaugh Smear

The New York Times on Saturday joined The New Yorker and many other media outlets in upending a dumpster full of garbage on its own reputation in an effort to smear Brett Kavanaugh. After more than a year of digging, the Democrats and their media allies still have no supported allegations of sexual misconduct by ... Read More
Politics & Policy

Yes, They Are Coming for Your Guns

At the Democratic-primary debate in Houston last night, Beto O’Rourke formally killed off one of the gun-control movement’s favorite taunts: The famous “Nobody is coming for your guns, wingnut.” Asked bluntly whether he was proposing confiscation, O’Rourke abandoned the disingenuous euphemisms that have ... Read More