Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—December 9

1993—Faithfully applying governing precedent, the Florida supreme court rules (in Sarantopoulos v. State) that a person who had built a six-foot-high fence around his yard did not have a reasonable expectation of privacy in his yard (where he was growing marijuana plants) since he should reasonably have foreseen that the yard could be viewed over the fence or from aircraft. In dissent, then-chief justice Rosemary Barkett confuses the threshold issue whether a reasonable expectation of privacy existed with the logically subsequent question whether a police search based on an anonymous tip was reasonable.

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Media

Martha McSally’s Blasphemy

As I note in my New York Post piece today, I don’t believe that Martha McSally, who is serving her first term in the Senate after being appointed to take John McCain’s seat, is going to be helped much by accusing CNN’s Manu Raju of being a “hack.” Attacking the press might be an effective way to excite ... Read More
Media

Martha McSally’s Blasphemy

As I note in my New York Post piece today, I don’t believe that Martha McSally, who is serving her first term in the Senate after being appointed to take John McCain’s seat, is going to be helped much by accusing CNN’s Manu Raju of being a “hack.” Attacking the press might be an effective way to excite ... Read More
Elections

Lying Liz

Ever since she began explaining how her Medicare for all plan would be funded, and how she would pass it, Elizabeth Warren has been sinking. Ahead of last week’s debate, her camp leaked a story that her friend Bernie Sanders met with her in 2018 to discuss plans for 2020, and that at this meeting, Sanders had ... Read More
Elections

Lying Liz

Ever since she began explaining how her Medicare for all plan would be funded, and how she would pass it, Elizabeth Warren has been sinking. Ahead of last week’s debate, her camp leaked a story that her friend Bernie Sanders met with her in 2018 to discuss plans for 2020, and that at this meeting, Sanders had ... Read More

People Make New Orleans

I had my first taste of southern hospitality the day I moved to New York. A young woman from New Orleans, whom I had met only briefly over Skype (she had advertised a room in the Bronx, though I preferred a room in Manhattan), had asked if anyone would be picking me up from the airport. No, I told her. I didn’t ... Read More

People Make New Orleans

I had my first taste of southern hospitality the day I moved to New York. A young woman from New Orleans, whom I had met only briefly over Skype (she had advertised a room in the Bronx, though I preferred a room in Manhattan), had asked if anyone would be picking me up from the airport. No, I told her. I didn’t ... Read More
White House

The GAO’s Report

The Government Accountability Office issued a short report yesterday concluding that the administration had broken the law in freezing aid to Ukraine last summer. A common response from the president’s defenders has been that the GAO has found such violations of the law on many occasions, and the press did not ... Read More
White House

The GAO’s Report

The Government Accountability Office issued a short report yesterday concluding that the administration had broken the law in freezing aid to Ukraine last summer. A common response from the president’s defenders has been that the GAO has found such violations of the law on many occasions, and the press did not ... Read More