Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—November 20

Mississippi State Capitol in Jackson, Miss. (Wikipedia)

2018—In the course of applying the Supreme Court’s existing abortion regime to enjoin a Mississippi law that prohibits abortions after fifteen weeks of gestation, federal district judge Carlton W. Reeves can’t refrain from littering his opinion (in Jackson Women’s Health Organization v. Currier) with various injudicious and ill-considered remarks. He contends, for example, that the Mississippi legislature’s professed interest in women’s health “is pure gaslighting” and that the law he is reviewing “is closer to the old Mississippi—the Mississippi bent on controlling women and minorities.” He similarly opines that “[t]he fact that men, myself included, are determining how women may choose to manage their reproductive health is a sad irony not lost on the Court.”

Reeves seems not to have contemplated that many women in Mississippi supported the law that he enjoined, or that the legality of abortion is a matter susceptible to moral reasoning by men and women, or that a permissive abortion regime might well multiply the instances in which a pregnant woman experiences “anxiety and turmoil.”

Most Popular

White House

The Damning Inspector General’s Report

It is hard to believe that the run-up to the presidential-election year has plumbed such a depth of farcical degradation. It must be that Trump’s influence has contributed to unserious responses, but he can’t be blamed for the unutterable nonsense of his opponents and the straight men of the political class ... Read More
White House

The Damning Inspector General’s Report

It is hard to believe that the run-up to the presidential-election year has plumbed such a depth of farcical degradation. It must be that Trump’s influence has contributed to unserious responses, but he can’t be blamed for the unutterable nonsense of his opponents and the straight men of the political class ... Read More
Elections

Diversity Panic Hits the Democratic Field

Stop me if you’ve heard this one before. An Asian guy, two black guys, three white women (one of whom spent much of her life claiming to be Native American), a Pacific Islander woman, a gay guy, a Hispanic guy, two elderly Caucasian Jews (one a billionaire, the other a socialist), a self-styled Irishman, and a ... Read More
Elections

Diversity Panic Hits the Democratic Field

Stop me if you’ve heard this one before. An Asian guy, two black guys, three white women (one of whom spent much of her life claiming to be Native American), a Pacific Islander woman, a gay guy, a Hispanic guy, two elderly Caucasian Jews (one a billionaire, the other a socialist), a self-styled Irishman, and a ... Read More
Law & the Courts

The FBI’s Corrupt Cops

White-collar criminals should hope for one thing this Christmas: that they get to live under the Horowitz rules. Michael Horowitz has testified that he found no evidence of political bias on the part of the decision makers who, under the Obama administration, relied on hilariously implausible “evidence” ... Read More
Law & the Courts

The FBI’s Corrupt Cops

White-collar criminals should hope for one thing this Christmas: that they get to live under the Horowitz rules. Michael Horowitz has testified that he found no evidence of political bias on the part of the decision makers who, under the Obama administration, relied on hilariously implausible “evidence” ... Read More
White House

Is Trump the Only Adult in the Room?

Donald Trump certainly is mercurial at times. He can be uncouth. But then again, no president in modern memory has been on the receiving end of such overwhelmingly negative media coverage and a three-year effort to abort his presidency, beginning the day after his election. Do we remember the effort to ... Read More
White House

Is Trump the Only Adult in the Room?

Donald Trump certainly is mercurial at times. He can be uncouth. But then again, no president in modern memory has been on the receiving end of such overwhelmingly negative media coverage and a three-year effort to abort his presidency, beginning the day after his election. Do we remember the effort to ... Read More
World

The U.K. Elections Were the Real Second Referendum

In the end, it wasn’t close at all. Jeremy Corbyn’s Labour party met a fate to which it has been accustomed for most of the last half-century. Once again, the British roundly rejected socialism. Boris Johnson and his conservatives will form the next British government. This was no slight rejection. Labour ... Read More
World

The U.K. Elections Were the Real Second Referendum

In the end, it wasn’t close at all. Jeremy Corbyn’s Labour party met a fate to which it has been accustomed for most of the last half-century. Once again, the British roundly rejected socialism. Boris Johnson and his conservatives will form the next British government. This was no slight rejection. Labour ... Read More