Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—March 24

(Pixabay)

1997—By a vote of 4 to 3, the Ohio supreme court rules in DeRolph v. State that Ohio’s existing system of financing its public-school system violates the state constitution’s declaration that the General Assembly “make such provisions, by taxation or otherwise, as will secure a thorough and efficient system of common schools throughout the state.” The court orders the General Assembly to “create an entirely new school financing system.” (How a school system can ever be “thorough and efficient” so long as self-serving teachers unions have clout is a mystery that the court did not explore.)

2009—Reviewing yet another Ninth Circuit grant of habeas relief on a claim of ineffective assistance of counsel, the Supreme Court (in Knowles v. Mirzayance) again unanimously reverses the Ninth Circuit. Perhaps it is not surprising that a court laden with so many incompetent judges is inept at determining what constitutes incompetent legal advice.

Most Popular

Elections

The 2020 Battle Begins

The 2020 campaign begins in earnest next week in Florida, when Donald Trump officially launches his reelection bid. On June 26, 20 Democratic candidates and five moderators hold the first of two nights of debates. Where do things stand? According to the polls, President Trump starts at a disadvantage. He has ... Read More