Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—November 21

(Photo Illustration: NRO)

1997—The Alaska supreme court rules (in Valley Hospital Association v. Mat-Su Coalition for Choice) that a hospital operated by a nonprofit corporation is a “quasi-public institution” and that the state constitution’s “right of the people to privacy” requires that the hospital allow elective abortions to be performed on its premises.

2013—By a 52-48 vote (with all Republicans and three Democrats voting no), the Senate abolishes the filibuster—the 60-vote cloture threshold—for lower-court and executive-branch nominees. The immediate effect of the abolition is to enable the confirmation of three D.C. Circuit nominees.

More broadly, Senate Democrats succeed in proving that they can dish it out but can’t take it. A decade earlier, now-Senate majority leader Harry Reid and other leading Democrats launched their unprecedented campaign of partisan filibusters against President George W. Bush’s judicial nominees, and they bitterly (and successfully) resisted Republican efforts in 2005 to abolish the filibuster. Reid, for example, voted against cloture at least 25 times on 13 different Bush nominees, but he is outraged that Republicans defeated a grand total of seven cloture motions on President Obama’s nominees.

Most Popular

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