Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—February 18

(Photo Illustration: NRO)

1972—In a Brennanesque opinion in People v. Anderson, the California supreme court, by a 6-1 vote, misconstrues the state constitution’s prohibition on cruel or unusual punishment to reflect “contemporary standards of decency” and rules that the death penalty violates what it imagines contemporary standards to be. All pending death sentences, including those of Charles Manson and Sirhan Sirhan, are voided. Nine months later, the people of California, expressing actual contemporary standards, override the ruling by voting overwhelmingly to amend the state constitution to authorize the death penalty.

Something to Consider

If you enjoyed this article, we have a proposition for you: Join NRPLUS. Members get all of our content (including the magazine), no paywalls or content meters, an advertising-minimal experience, and unique access to our writers and editors (conference calls, social-media groups, etc.). And importantly, NRPLUS members help keep NR going. Consider it?

If you enjoyed this article, and were stimulated by its contents, we have a proposition for you: Join NRPLUS.

LEARN MORE

Most Popular

Culture

Jussie Smollett Jokes Declared Off-Limits

The Jussie Smollett story has been declared not fit for jokes. "It's a straight-up tragedy," declares the co-creator of a Comedy Central show, South Side, set in Chicago. Bashir Salahuddin, a former Jimmy Fallon writer, says “The whole situation is unfortunate. Particularly for the city, there’s bigger ... Read More
Film & TV

The Movies Take On Limbaugh, Levin, et al.

Oh, good, here’s the lefty British comic Steve Coogan to give us his take on American right-wing talk radio. Let’s all settle in for some deep insights. The comedy-drama is dismally titled Hot Air. No, seriously. That’s what they came up with. Coogan’s Lionel Macomb is introduced to us via his ... Read More
White House

Trump’s Ignorant Comments on Israel

Making the click-through worthwhile: figuring out what President Trump meant when he said Jews who vote for Democrats show “either a total lack of knowledge or great disloyalty”; examining the data on how American Jews actually feel about Israel; and why Democrats will always find a way or a reason to avert ... Read More