Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—June 14

(Pxhere)

1985—In Jenkins v. Missouri, federal district judge Russell G. Clark launches his desegregation plan for the Kansas City, Missouri, School District—a plan that will become (according to the description embraced by Chief Justice Rehnquist) the “most ambitious and expensive remedial program in the history of school desegregation.” Over the next twelve years, Clark will (as this report summarizes it) order the state of Missouri and the school district to spend nearly two billion dollars for “higher teachers’ salaries, 15 new schools, and such amenities as an Olympic-sized swimming pool with an underwater viewing room, television and animation studios, a robotics lab, a 25-acre wildlife sanctuary, a zoo, a model United Nations with simultaneous translation capability, and field trips to Mexico and Senegal.”

The results will, however, prove dismal: “Test scores did not rise; the black-white gap did not diminish; and there was less, not greater, integration.”

1993—President Clinton announces that he will nominate D.C. Circuit judge Ruth Bader Ginsburg to fill the Supreme Court seat being vacated by retiring Justice Byron White.

In addition to dissenting from Roe and favoring its overruling, White authored the Court’s opinion in 1986 (in Bowers v. Hardwick) rejecting as “at best, facetious” the notion that the Constitution confers a right to homosexual sodomy. In stark contrast to White, the former ACLU activist Ginsburg maintained that the Constitution protected a right to abortion and even required taxpayer funding of abortion, and she had stated her sympathy for the proposition that there is a constitutional right to prostitution and a constitutional right to bigamy. Somehow legal academics fail to rise in alarm at the prospect that Ginsburg’s appointment will alter the “balance” of the Court.  

Most Popular

U.S.

G-File Mailbag: The Results of a Bad Idea

EDITOR’S NOTE: The following is Jonah Goldberg’s weekly “news”letter, the G-File. Subscribe here to get the G-File delivered to your inbox on Fridays. Dear Reader (Including those of you just standing there eating Zarg nuts), I had a bad idea. It wasn’t a terrible idea, like asking a meth addict ... Read More
Politics & Policy

How Democrats Can Blow It in 2020

Donald Trump probably can’t win the 2020 presidential election, but the Democrats can lose it. What I mean is that in a contest between Trump and a generic Democrat, Trump would almost surely lose if the current political climate holds through 2020. According to a Fox News poll this week, 38 percent of ... Read More
Politics & Policy

The Collusion Scenario

It has become an article of faith in some quarters on the right -- well, most -- that the Mueller investigation has found no evidence of collusion with Russia and has accordingly shifted gears to process crimes like lying to the FBI or obstruction of justice. Having decided that this must be true, many have ... Read More
Immigration

Democrats’ Border-Barrier Flip-Flop

Is steel more moral than concrete? House Democratic leader Nancy Pelosi of California said last week that she and other Democrats consider a border wall “immoral.” But some of the same Democrats who decry President Donald J. Trump’s proposed concrete wall as a 30-foot-tall human-rights violation actually ... Read More