Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—July 28

Judge Rosemary Barkett.

2004—In dissent in Williams v. Attorney General of Alabama, Eleventh Circuit judge Rosemary Barkett opines that an Alabama statute that prohibits the sale of sexual devices (which Barkett also refers to colloquially as “sex toys”) violates substantive due process.

You might think that a case involving a challenge to the constitutionality of a statute prohibiting the sale of sexual devices would be about sexual devices. But, Barkett tells us, “This case is not, as the majority’s demeaning and dismissive analysis suggests, about sex or sexual devices.” Rather, “[i]t is about the tradition of American citizens from the inception of our democracy to value the constitutionally protected right to be left alone in the privacy of their bedrooms and personal relationships.”

Most Popular

Education

The Shame of the Teachers’ Unions

No other group has shown as much contempt for its own work during the coronavirus crisis as teachers. Their unions are actively fighting to keep kids out of the classroom and also to limit remote instruction, lest it require too much time and attention from people who are supposed to be wholly devoted to ... Read More
Education

The Shame of the Teachers’ Unions

No other group has shown as much contempt for its own work during the coronavirus crisis as teachers. Their unions are actively fighting to keep kids out of the classroom and also to limit remote instruction, lest it require too much time and attention from people who are supposed to be wholly devoted to ... Read More

What or Who Decides This Election?

We know where to watch in the next few weeks but have no real idea what we will be watching. Yet pundits, the media, and the Left seem giddy that their polls show a Trump slump, as if they have learned nothing and forgotten nothing from 2016. But in truth, the news cycle over the next three months may well favor ... Read More

What or Who Decides This Election?

We know where to watch in the next few weeks but have no real idea what we will be watching. Yet pundits, the media, and the Left seem giddy that their polls show a Trump slump, as if they have learned nothing and forgotten nothing from 2016. But in truth, the news cycle over the next three months may well favor ... Read More
Elections

The Burning Times

Welcome to The Tuesday, a weekly newsletter about politics, language, culture, pedantry, partisan pyromania, and suchlike. The Right loves a factional brawl, and the past week brought a pentagonic crossfire between Peggy Noonan, Mona Charen, Charlie Sykes, Ramesh Ponnuru, and David French, five right-leaning ... Read More
Elections

The Burning Times

Welcome to The Tuesday, a weekly newsletter about politics, language, culture, pedantry, partisan pyromania, and suchlike. The Right loves a factional brawl, and the past week brought a pentagonic crossfire between Peggy Noonan, Mona Charen, Charlie Sykes, Ramesh Ponnuru, and David French, five right-leaning ... Read More