Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—February 4

(Chip East/Reuters)

2004—Asked by the state senate whether its November 2003 ruling in Goodridge v. Department of Public Health really imposes same-sex marriage, the Massachusetts supreme court answers yes (by the same 4-3 split as in its original ruling).

2005
—In Hernandez v. Robles, a New York state trial judge rules that New York’s longstanding statutory definition of marriage as the union of a man and a woman violates the state constitution. In July 2006, New York’s highest court, by a 4-2 vote, will reverse this ruling.

2016—A divided Ninth Circuit panel rules, in Smith v. Schriro, that Robert Douglas Smith was intellectually disabled when he committed acts of kidnapping, sexual assault, and murder in 1980. In the opening paragraph of her dissent from Judge Stephen Reinhardt’s lead opinion, Judge Consuelo Callahan observes (emphasis added):

“The one thing everyone appears to agree on is that Smith is not intellectually disabled. When tested in 2005 the experts found that he had an IQ of between 87 and 93, well within the low-average to average range of intellectual ability. Yet despite this fact, the majority reverses because it is certain that Smith was intellectually disabled in 1980 when he murdered Sandy Owen. The majority reaches this conclusion by disregarding the findings of the state courts, denying those courts the deference they are due, and expressing supreme confidence in its own ability to detect past intellectual disability despite substantial conflicting evidence and the fact that Smith is not now intellectually disabled. Accordingly, I dissent.”

 

We Need Your Help More than Ever

The Mann vs. National Review case will not be heard by the Supreme Court of the United States, but instead by a very liberal District of Columbia court. Fighting this case will be extremely expensive. The very thing to which we owe our nationhood  —  free speech; words spoken boldly and broadly disseminated  —  is under attack. But National Review is fighting back, aggressively. Will you fight alongside us on the front lines?

Please support us as we fight Mann vs. National Review in the liberal courts of the District of Columbia.

DONATE HERE

Most Popular

Elections

Good Riddance to Kamala Harris

Per Edward-Isaac Dovere, Kamala Harris is no longer running for president. This is excellent, welcome news -- the cause for celebration. Good riddance! May Harris's failed attempt to find higher office destroy her career and sully her reputation for all time. I'm told that I'm not supposed to feel like this -- ... Read More
Elections

Good Riddance to Kamala Harris

Per Edward-Isaac Dovere, Kamala Harris is no longer running for president. This is excellent, welcome news -- the cause for celebration. Good riddance! May Harris's failed attempt to find higher office destroy her career and sully her reputation for all time. I'm told that I'm not supposed to feel like this -- ... Read More
Elections

Kamala Harris, the Juggernaut Who Flopped

Before reports emerged that Kamala Harris is dropping out of the presidential race, she was trailing Mike Bloomberg in her bid to be the Democratic nominee for the president, and stood at 2 percent in the latest national Harris–The Hill poll released Monday. On paper, Kamala Harris was a strong candidate for ... Read More
Elections

Kamala Harris, the Juggernaut Who Flopped

Before reports emerged that Kamala Harris is dropping out of the presidential race, she was trailing Mike Bloomberg in her bid to be the Democratic nominee for the president, and stood at 2 percent in the latest national Harris–The Hill poll released Monday. On paper, Kamala Harris was a strong candidate for ... Read More
Culture

A Tyrannical Minority and Silent Majority

As I noted Monday on the Corner, British journalist James Kirkup has done a great public service in sharing a document that helps explain how the transgender movement, which many privately admit has overreached and is unconvincing, has been so successful so quickly. The document was produced by a major ... Read More
Culture

A Tyrannical Minority and Silent Majority

As I noted Monday on the Corner, British journalist James Kirkup has done a great public service in sharing a document that helps explain how the transgender movement, which many privately admit has overreached and is unconvincing, has been so successful so quickly. The document was produced by a major ... Read More