Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—May 27

Ted Olson, representing the opposition to California’s Proposition 8, speaks during appeals hearing on the measure’s validity at the 9th District Court of Appeals in San Francisco December 6, 2010. (Eric Risberg/Pool/Reuters)

2009—Odd bedfellows, indeed! Supposed constitutional conservative Theodore B. Olson, solicitor general under President George W. Bush, betrays the legal principles that he has purported to stand for over the course of his public career as he joins forces with liberal David Boies, his adversary in Bush v. Gore, to file a lawsuit asking a federal district court in California to invent a federal constitutional right to same-sex marriage.

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Politics & Policy

The Joys of Heterogeneity

The temporary shutdown of parts of the federal government is a good argument for the permanent shutdown of parts of the federal government. When one of his colleagues voiced frustration with the slow pace of conservative reform in the 1990s, Newt Gingrich replied, “Rome wasn’t burned in a day.” That’s ... Read More
World

Referenda Delenda Est

"In my country the people can do as they like, although it often happens that they don't like what they have done."      -- Winston Churchill, 1946 London During the Second World War, as U.S. power was eclipsing Britain's, Harold Macmillan, a future prime minister, reportedly said, "These Americans ... Read More