Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—November 13

Justice Stephen Breyer (Chip Somodevilla/Getty)

1980—Days after Ronald Reagan has defeated Jimmy Carter in his bid for re-election and after Republicans have won control of the incoming Senate, President Carter nominates Stephen G. Breyer, then serving as chief counsel to Teddy Kennedy on the Senate Judiciary Committee, to a newly created seat on the First Circuit. Less than four weeks later, the Senate confirms Breyer’s nomination.

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U.S.

Regular Order

Jussie Smollett’s story has always sounded a little . . . extraordinary. Smollett, who appears on the television series Empire, says he was attacked on the streets of Chicago at 2 a.m. by two men who shouted racial and homophobic abuses at him, beat him, doused him with bleach, and fastened a noose around ... Read More
Politics & Policy

Let’s Chill about Hate Crimes

‘Jussie Smollett, one of the stars of the television show ‘Empire,’ was attacked in Chicago by 2 assailants who yelled racial and homophobic slurs,” tweeted the New York Times on January 29. Mark the tone of absolute certainty about an unconfirmed claim. Many other news outlets took the same tack. ... Read More