Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—November 18

2003—By a vote of 4 to 3, the Massachusetts supreme court (in Goodridge v. Department of Public Health) imposes same-sex marriage on the benighted citizens of Massachusetts, as the court rules that a state statute defining marriage as the legal union of a man and a woman—a statutory definition that dates back to colonial times and that is derived from English common law—somehow violates the “individual liberty and equality safeguards” of the state constitution. The majority opinion by chief justice Margaret H. Marshall, wife of former New York Times columnist Anthony Lewis, is widely credited with helping to secure President George W. Bush’s re-election in 2004.

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Stalin, Famine, and the New York Times

‘The world is being invaded by monsters, but I suppose you don’t want to hear about that,” Both clauses of that sentence are devastatingly true: The reference is equally to the horrors of the Soviet Union’s mass murders -- and to the West’s determination to turn its back to the monstrosity. The speaker ... Read More

Stalin, Famine, and the New York Times

‘The world is being invaded by monsters, but I suppose you don’t want to hear about that,” Both clauses of that sentence are devastatingly true: The reference is equally to the horrors of the Soviet Union’s mass murders -- and to the West’s determination to turn its back to the monstrosity. The speaker ... Read More
Elections

‘Slipping and Sliding down the Polls’

This is an excerpt from episode 233 of The Editors. Rich: So Jim Geraghty, I have the RealClearPolitics Biden versus Trump polling page up right here. I’m just going to read you some numbers going back to . . . This is a CNBC poll from the 10th and 12th of June. And I’m just going to run through to the ... Read More
Elections

‘Slipping and Sliding down the Polls’

This is an excerpt from episode 233 of The Editors. Rich: So Jim Geraghty, I have the RealClearPolitics Biden versus Trump polling page up right here. I’m just going to read you some numbers going back to . . . This is a CNBC poll from the 10th and 12th of June. And I’m just going to run through to the ... Read More
Elections

The Strategies of Dementia Politics

Joe Biden is tragically suffering a mental eclipse and sliding away at a geometric rate. Understandably, his handlers have kept him out of sight. He stays off the campaign trail on the pretext of the virus and his age-related susceptibility to COVID-19 morbidity. I say “pretext” without apology. Quarantine ... Read More
Elections

The Strategies of Dementia Politics

Joe Biden is tragically suffering a mental eclipse and sliding away at a geometric rate. Understandably, his handlers have kept him out of sight. He stays off the campaign trail on the pretext of the virus and his age-related susceptibility to COVID-19 morbidity. I say “pretext” without apology. Quarantine ... Read More

The Year of Stupid

It turned out that the novel coronavirus was only the second-most-infectious disease to spread through the U.S. this year. Satan’s Cupcake has, after all, been diagnosed in less than 1 percent of Americans. The not-so-novel imbecility virus is, on the other hand, ravaging the minds of everyone from news ... Read More

The Year of Stupid

It turned out that the novel coronavirus was only the second-most-infectious disease to spread through the U.S. this year. Satan’s Cupcake has, after all, been diagnosed in less than 1 percent of Americans. The not-so-novel imbecility virus is, on the other hand, ravaging the minds of everyone from news ... Read More
Politics & Policy

The Right to Choose What, Joe?

Joe Biden would like us to believe that Roe v. Wade is in peril. Nothing so energizes the abortion-advocacy wing of the Democratic Party (also known these days simply as the Democratic Party) like a press release or two gesticulating wildly about being the underdog. In reality, of course, the U.S. proudly ... Read More
Politics & Policy

The Right to Choose What, Joe?

Joe Biden would like us to believe that Roe v. Wade is in peril. Nothing so energizes the abortion-advocacy wing of the Democratic Party (also known these days simply as the Democratic Party) like a press release or two gesticulating wildly about being the underdog. In reality, of course, the U.S. proudly ... Read More