Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—January 19

(Shutterstock)

1972—The judicial takeover of school funding in New Jersey commences as state trial judge Theodore Botter rules (in Robinson v. Cahill) that New Jersey’s funding system, which relies heavily on local property taxes, violates the state constitutional provision, dating from 1875, that declares that the legislature “shall provide for the maintenance and support of a thorough and efficient system of free public schools” and also violates the equal-protection guarantees that are supposedly implicit in the state constitution and that are in the federal Constitution.

1989
—Call it the Case of the Surprised Burglar. Two months after breaking up with his girlfriend, Timothy C. Hudson, armed with a knife, broke into her home during the night. The former girlfriend, having received threats from him, was spending the night elsewhere. But her roommate was at home. When she began screaming at him to leave, Hudson stabbed her to death, put her body in the trunk of her car, and dumped her in a drainage ditch in a tomato field. Hudson was convicted and sentenced to death.

In her dissent from the Florida supreme court’s affirmance of the death sentence (in Hudson v. State), Rosemary Barkett concludes that the death penalty was disproportionate to the offense—because Hudson “was apparently surprised by the victim during [his] burglarizing of [her] home.”

Most Popular

U.S.

The Worrisome Decline of Patriotism in America

Independence Day is a time to celebrate our country, but with patriotic sentiment at perhaps an all-time low, this year’s holiday is also an opportunity for us to remember how excruciatingly lucky we are to be American citizens. With nothing but bad news filling our screens in recent months, love of country has ... Read More
U.S.

The Worrisome Decline of Patriotism in America

Independence Day is a time to celebrate our country, but with patriotic sentiment at perhaps an all-time low, this year’s holiday is also an opportunity for us to remember how excruciatingly lucky we are to be American citizens. With nothing but bad news filling our screens in recent months, love of country has ... Read More
Politics & Policy

Against Trump

Donald Trump leads the polls nationally and in most states in the race for the Republican presidential nomination. There are understandable reasons for his eminence, and he has shown impressive gut-level skill as a campaigner. But he is not deserving of conservative support in the caucuses and primaries. Trump is ... Read More
Politics & Policy

Against Trump

Donald Trump leads the polls nationally and in most states in the race for the Republican presidential nomination. There are understandable reasons for his eminence, and he has shown impressive gut-level skill as a campaigner. But he is not deserving of conservative support in the caucuses and primaries. Trump is ... Read More

Hamilton on the Wrong Side of Cinema

Disney’s presentation of the Broadway blockbuster Hamilton marks a curious cultural turning point: The most heralded production in recent Broadway history has not been adapted into a movie — it’s a digital video recording of a 2016 stage performance — because it has to live up to its hype as an exclusive ... Read More

Hamilton on the Wrong Side of Cinema

Disney’s presentation of the Broadway blockbuster Hamilton marks a curious cultural turning point: The most heralded production in recent Broadway history has not been adapted into a movie — it’s a digital video recording of a 2016 stage performance — because it has to live up to its hype as an exclusive ... Read More
Elections

‘Slipping and Sliding down the Polls’

This is an excerpt from episode 233 of The Editors. Rich: So Jim Geraghty, I have the RealClearPolitics Biden versus Trump polling page up right here. I’m just going to read you some numbers going back to . . . This is a CNBC poll from the 10th and 12th of June. And I’m just going to run through to the ... Read More
Elections

‘Slipping and Sliding down the Polls’

This is an excerpt from episode 233 of The Editors. Rich: So Jim Geraghty, I have the RealClearPolitics Biden versus Trump polling page up right here. I’m just going to read you some numbers going back to . . . This is a CNBC poll from the 10th and 12th of June. And I’m just going to run through to the ... Read More