Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—May 19

(Tyrone Siu/REUTERS)

2014—When Oregon officials irresponsibly refuse to defend their own marriage laws, the greatest relief that ought to be awarded is a default judgment in favor of the named plaintiffs. But federal district judge Michael J. McShane instead issues a lengthy opinion, replete with extravagant prose (“Let us look less to the sky to see what might fall; rather, let us look to each other … and rise” (ellipsis in original)), in which he rules that Oregon’s laws defining marriage as the union of a man and a woman flunk rational-basis review. Further, he orders Oregon officials not to enforce those laws against anyone seeking to marry a person of the same sex.

Most Popular

Culture

‘Epstein Didn’t Kill Himself’

It was just one more segment to fill out the hour, and thereby fill the long 24 hours of Saturday’s cable news on November 2. Or so it seemed. Navy SEAL Mike Ritland was on the Fox News program Watters World to talk to Jesse Watters about trained German shepherds like the one used in the raid that found ... Read More
White House

Impeachment Theater of Trolls

As a boy, I used to watch a television show with a weekly gag titled “MasterJoke Theatre.” A pompous egghead smoked a pipe in a leather-bound chair in a richly appointed library, told a joke, and got a pie in the face for his trouble. What the Democrats launched on the Hill this week is their own variant, ... Read More
U.S.

A Defining Statement of Modern Conservatism

The greatest documents in American history never lose their ability to astonish. They deserve, and repay, careful study, and inevitably have contemporary resonances no matter how long ago they were written or uttered. There’s no doubt that Ronald Reagan’s “A Time for Choosing” belongs in the top ranks ... Read More
White House

The Russian Conspiracy That Won’t Die

The Mueller report accomplished nothing. Whether you thought that the two-year, $32 million investigation was warranted or not, the report promised to establish a factual record that both sides could accept, especially on the explosive charge that Donald Trump had conspired with the Russians to win the ... Read More