Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—July 18

(Leah Millis/Reuters)

2014In State v. Gleason, the Kansas supreme court expressly acknowledges that the U.S. Supreme Court “has explained that its Eighth Amendment jurisprudence on capital sentencing should not be interpreted as creating any constitutional requirements as to how or whether a capital jury should be instructed on the burden of proof for mitigating circumstances.” But the court nonetheless proceeds to rule that sentencing instructions violated the Eighth Amendment by failing “to affirmatively inform the jury that mitigating circumstances need only be proved to the satisfaction of the individual juror in that juror’s sentencing decision and not beyond a reasonable doubt.”  

A year and a half later (in Kansas v. Carr), the Supreme Court will reverse the Kansas supreme court by a vote of 8 to 1. 

Most Popular

Elections

Lying Liz

Ever since she began explaining how her Medicare for all plan would be funded, and how she would pass it, Elizabeth Warren has been sinking. Ahead of last week’s debate, her camp leaked a story that her friend Bernie Sanders met with her in 2018 to discuss plans for 2020, and that at this meeting, Sanders had ... Read More
Elections

Lying Liz

Ever since she began explaining how her Medicare for all plan would be funded, and how she would pass it, Elizabeth Warren has been sinking. Ahead of last week’s debate, her camp leaked a story that her friend Bernie Sanders met with her in 2018 to discuss plans for 2020, and that at this meeting, Sanders had ... Read More
Politics & Policy

The Botched Democratic Case for Witnesses

The fate of the republic, we are now supposed to believe, hinges on whether there are witnesses at a Senate impeachment trial. Upon the long-anticipated transmittal of the articles of impeachment to the Senate, House Judiciary Chairman Jerry Nadler said if the upper chamber doesn’t obtain the witnesses and ... Read More
Politics & Policy

The Botched Democratic Case for Witnesses

The fate of the republic, we are now supposed to believe, hinges on whether there are witnesses at a Senate impeachment trial. Upon the long-anticipated transmittal of the articles of impeachment to the Senate, House Judiciary Chairman Jerry Nadler said if the upper chamber doesn’t obtain the witnesses and ... Read More
White House

The GAO’s Report

The Government Accountability Office issued a short report yesterday concluding that the administration had broken the law in freezing aid to Ukraine last summer. A common response from the president’s defenders has been that the GAO has found such violations of the law on many occasions, and the press did not ... Read More
White House

The GAO’s Report

The Government Accountability Office issued a short report yesterday concluding that the administration had broken the law in freezing aid to Ukraine last summer. A common response from the president’s defenders has been that the GAO has found such violations of the law on many occasions, and the press did not ... Read More