Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—November 25

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2013—In a wild administrative ruling (in In re Fonberg), the three-judge Judicial Council of the Ninth Circuit Executive Committee concludes that an unmarried court employee with a same-sex domestic partner is entitled to federal marital benefits. This, alas, is not the first time that Ninth Circuit chief judge Alex Kozinski has exercised his non-judicial administrative authority to carry out a sneak attack on marriage.

Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
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