Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—November 6

Judge William Pryor Jr. (Photo: Wikimedia)

2003—Senate Democrats continue their unprecedented measures of obstruction against judicial nominees, as they defeat for the second time an effort to end their filibuster of President George W. Bush’s nomination of William H. Pryor, Jr., to a seat on the Eleventh Circuit. Only two Democrats—Zell Miller of Georgia and Ben Nelson of Nebraska—vote in favor of the cloture motion, and forty-three oppose it.

In February 2004, President Bush recess-appoints Pryor to the seat. And in June 2005, after the Senate finally confirms Pryor’s nomination (by a 53 to 45 vote), President Bush appoints him to a lifetime seat.

2017—In a unanimous ruling in Kernan v. Cuero, the Supreme Court summarily reverses a ruling by Ninth Circuit judge Kim McLane Wardlaw that granted habeas relief to a state prisoner. Employing understatement, the Court observes, “There are several problems with the Ninth Circuit’s reasoning below.”

Summary reversals—that is, reversals without the Court’s seeing any need for briefing on the merits or oral argument—generally reflect very poorly on the judge who authored the opinion below. But Wardlaw seems to be competing for a Lifetime Summary Reversal Award, as this is at least the fourth time she has had a ruling unanimously summarily reversed by the Court.

Most Popular

Immigration

Angela Rye Knows You’re Racist

The political philosopher Michael Oakeshott said that the “rationalist” is hopelessly lost in ideology, captivated by the world of self-contained coherence he has woven from strands of human experience. He concocts a narrative about narratives, a story about stories, and adheres to the “large outline which ... Read More
Immigration

What the Viral Border-Patrol Video Leaves Out

In an attempt to justify Alexandria Ocasio-Cortez’s absurd comparison of American detention facilities to Holocaust-era concentration camps, many figures within the media have shared a viral video clip of a legal hearing in which a Department of Justice attorney debates a panel of judges as to what constitutes ... Read More
Politics & Policy

Pro-Abortion Nonsense from John Irving

The novelist has put up a lot of easy targets in his New York Times op-ed. I am going to take aim at six of his points, starting with his strongest one. First: Irving asserts that abortion was legal in our country from Puritan times until the 1840s, at least before “quickening.” That’s an overstatement. ... Read More
Film & TV

Murder Mystery: An Old Comedy Genre Gets Polished Up

I  like Adam Sandler, and yet you may share the sense of trepidation I get when I see that another of his movies is out. He made some very funny manboy comedies (Billy Madison, Happy Gilmore, The Waterboy) followed by some not-so-funny manboy comedies, and when he went dark, in Reign over Me and Funny People, ... Read More