Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—January 17

(Unsplash)

2014—Retired Sixth Circuit judge Boyce F. Martin Jr.’s career of zany lawlessness ends in rank public disgrace, as the Judicial Conference of the United States denies his request to keep confidential the results of a Judicial Council investigation into up to $138,500 of “questionable travel reimbursement expenses.”

By suddenly retiring in May 2013, Martin succeeded in obtaining a dismissal of the misconduct proceedings against him. But the Judicial Council decided that the public interest required disclosure of the charges against Martin.

Further, in an action that one federal judicial expert called “stunning,” the Judicial Council referred the matter to the Public Integrity Section of the Department of Justice for possible criminal prosecution of Martin.

2014—The judicial butchering of the Constitution continues. In Kosilek v. Spencer, a divided panel of the First Circuit affirms a district-court order that holds that the Eighth Amendment’s bar on cruel and unusual punishments requires the Massachusetts prison system to provide sex-reassignment surgery to a prisoner. The particular prisoner, whose legal name has been changed to Michelle Kosilek, “was born and still is anatomically male” but, suffering from gender-identity disorder, has long believed himself to be “a woman cruelly trapped in a man’s body.”

Eleven months later, the en banc First Circuit will overturn the panel ruling by a 3-2 vote.

Most Popular

Elections

Bernie’s Houses

Mike Bloomberg scored a hit -- a palpable hit -- in the debate this week when he pointed back at Bernie Sanders and said: “What a wonderful country we have, the best-known socialist in the country happens to be a millionaire with three houses.” Many conservatives laughed and cheered and wondered why Bernie ... Read More
Elections

Bernie’s Houses

Mike Bloomberg scored a hit -- a palpable hit -- in the debate this week when he pointed back at Bernie Sanders and said: “What a wonderful country we have, the best-known socialist in the country happens to be a millionaire with three houses.” Many conservatives laughed and cheered and wondered why Bernie ... Read More

South Park as Healing Mechanism

It didn’t take too long into 2020 for people on Twitter to start earnestly debating whether South Park, an extremely popular show that has been on air for decades, has been wreaking havoc on our society with its offensiveness. As far as I can tell, the conversation started with a series of tweets from She-Hulk ... Read More

South Park as Healing Mechanism

It didn’t take too long into 2020 for people on Twitter to start earnestly debating whether South Park, an extremely popular show that has been on air for decades, has been wreaking havoc on our society with its offensiveness. As far as I can tell, the conversation started with a series of tweets from She-Hulk ... Read More
Elections

Four Overlooked Weaknesses of Bernie Sanders

Four frequently overlooked weaknesses of Bernie Sanders: Another health issue, even a minor one, would end his campaign. Trying to knock off a candidate who has the largest plurality of delegates in a convention floor fight is an extremely difficult task … unless that candidate is 78 years old and has had ... Read More
Elections

Four Overlooked Weaknesses of Bernie Sanders

Four frequently overlooked weaknesses of Bernie Sanders: Another health issue, even a minor one, would end his campaign. Trying to knock off a candidate who has the largest plurality of delegates in a convention floor fight is an extremely difficult task … unless that candidate is 78 years old and has had ... Read More
Law & the Courts

Florida Bill to Ban ‘Nature Rights’

I have been warning that “nature rights” would soon become part of the Democratic Party's environmental platform. That hasn't happened at the national party level -- yet. But Florida's Democratic Party has embraced the idea that nature should have rights that anyone can sue to enforce in its official ... Read More
Law & the Courts

Florida Bill to Ban ‘Nature Rights’

I have been warning that “nature rights” would soon become part of the Democratic Party's environmental platform. That hasn't happened at the national party level -- yet. But Florida's Democratic Party has embraced the idea that nature should have rights that anyone can sue to enforce in its official ... Read More