Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—March 7

Justice Anthony Kennedy (Chip Somodevilla/Getty)

2013—Less than three weeks before oral argument in cases challenging the federal Defense of Marriage Act and California’s marriage laws, Justice Anthony Kennedy uses the dedication ceremony of a new court library (the “Anthony M. Kennedy Library and Learning Center”) to distribute a reading list that he has developed for young people.

Entitled “Understanding Freedom’s Heritage: How to Keep and Defend Liberty,” Kennedy’s list runs through many great selections—Pericles’ Funeral Oration, the Magna Carta, Lincoln’s Gettysburg Address and Second Inaugural, Martin Luther King Jr.’s “I Have a Dream”—only to culminate in Kennedy’s own opinion in Lawrence v. Texas (holding that there is a constitutional right to homosexual sodomy).

Most Popular

Politics & Policy

‘We Can’t Afford It’

Leon Trotsky — n.b., Millennials: He was Alexandria Ocasio-Cortez before she was — understood the power of single-payer systems: “The old principle: who does not work shall not eat, has been replaced with a new one: who does not obey shall not eat.” The socialist powers of Trotsky’s time made good on ... Read More
U.S.

When the Press Sees Red

You’ve probably seen the viral footage of a Native American beating his drum, surrounded by a crowd of students from Covington Catholic high school. One of them, wearing a MAGA hat, is right in front of him, with a smirk on his face. It was an odd moment combining the end of the March for Life, which the ... Read More