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.

Women’s Sports Should Be Women’s Sports

Transgender sports policies make a mockery of women’s competition. Just look at the state of Connecticut. At the 2018 state open for women’s track and field, two young men identifying as transgender took first and second place in the 100m race. Their participation not only deprived young women of their ... Read More
U.S.

Women’s Sports Should Be Women’s Sports

Transgender sports policies make a mockery of women’s competition. Just look at the state of Connecticut. At the 2018 state open for women’s track and field, two young men identifying as transgender took first and second place in the 100m race. Their participation not only deprived young women of their ... 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