Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—May 26

Justice Sonia Sotomayor

2009—Implementing his threat to select a justice who will make decisions based on empathy, President Obama nominates Second Circuit judge Sonia Sotomayor to fill the seat of retiring justice David Souter. During the confirmation process, the “wise Latina” (at least in her own self-conception) will demoralize and disgust her supporters on the Left, as she implausibly masquerades as a caricature of a judicial conservative and even emphatically repudiates Obama’s empathy standard.

Most Popular

Immigration

The Truth about Separating Kids

The latest furor over Trump immigration policy involves the separation of children from parents at the border. As usual, the outrage obscures more than it illuminates, so it’s worth walking through what’s happening here. For the longest time, illegal immigration was driven by single males from Mexico. ... Read More
U.S.

Yes, Hillary Should Have Been Prosecuted

I know this is ancient history, but — I’m sorry — I just can’t let it go. When historians write the definitive, sordid histories of the 2016 election, the FBI, Hillary, emails, Russia, and Trump, there has to be a collection of chapters making the case that Hillary should have faced a jury ... Read More
Law & the Courts

Yes, There Was FBI Bias

There is much to admire in Justice Department inspector general Michael Horowitz’s highly anticipated report on the FBI’s Clinton-emails investigation. Horowitz’s 568-page analysis is comprehensive, fact-intensive, and cautious to a fault. It is also, nonetheless, an incomplete exercise — it omits half ... Read More
Culture

Staying on the Path

Dear Reader (Including those of you who are no longer my personal lawyer), Almost 20 years ago, I wrote in this space that the movie A Simple Plan was one of the most conservative movies of the 1990s. In case you haven’t seen it, the plot is pretty straightforward, almost clichéd. It focuses on three men ... Read More
Sports

Let the World Have Soccer

The United States of America did not qualify for the World Cup this year. Good for us. Soccer is corrupt, hyper-regulated, impoverished by a socialist-style fondness for rationing, and organized to strangle human flourishing. It is so dependent on the whims of referees that is in effect a helpless captive of the ... Read More
Immigration

Child Separation at the Border

If you want to read a thoughtful and constructive explanation and partial defense of the policies being implemented by the White House, you should read this piece by Rich Lowry. If you want to read a trollish and counter-productive screed fit for a comment section, read the White House’s official press ... Read More