Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—February 21

(Photo: Alptraum/Dreamstime)

1996—In Fierro v. Gomez, a Ninth Circuit panel, in an opinion by Judge Harry Pregerson, rules that California’s method of execution by lethal gas violates the Eighth Amendment.

2017—Defying the Supreme Court’s landmark Second Amendment ruling in Heller v. District of Columbia (2008), the en banc Fourth Circuit rules by a 10-to-4 vote (in Kolbe v. Hogan) that Maryland’s ban on so-called “assault weapons” and high-capacity magazines is constitutionally permissible. (Read Charles Cooke and David French for extensive critiques of the Fourth Circuit’s evasions and errors.)

Most Popular

Media

Mike Lindell, Not Yamiche Alcindor, Is the Hero

MyPillow CEO Michael Lindell, a self-made former crack addict, is going to transform 75 percent of his manufacturing capacity to make 10,000 cotton face masks per day by the end of the week, ramping up production to 50,000 a day in a month. That sounds like a patriotic act to me, especially given that Lindell is ... Read More
Media

Mike Lindell, Not Yamiche Alcindor, Is the Hero

MyPillow CEO Michael Lindell, a self-made former crack addict, is going to transform 75 percent of his manufacturing capacity to make 10,000 cotton face masks per day by the end of the week, ramping up production to 50,000 a day in a month. That sounds like a patriotic act to me, especially given that Lindell is ... Read More