Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—October 21

1949—President Truman recess-appoints David L. Bazelon to the D.C. Circuit. With a lifetime appointment from Truman a few months later, Bazelon serves for 30 years in active status and an additional 14 years in senior status.

On his death in 1993, a New York Times obituary praises Bazelon for “expanding the rights of criminal defendants” and for disregarding precedent: “Rather than follow precedent set in a simpler time, he questioned the status quo and sought to apply new findings in the social sciences and psychiatry to issues the court faced.” The obituary also states that Bazelon “believed the judiciary should reach beyond the bench and speak out on social issues,” but that he “was assailed by conservatives as being soft on crime.”

One testament to Bazelon’s craftsmanship: In 1978, in a unanimous opinion written by Justice Rehnquist (in Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council), the Supreme Court reverses decisions by Bazelon that would have overturned the Atomic Energy Commission’s grant of an operating license and a permit to nuclear power plants. Bazelon’s decisions “seriously misread or misapplied” basic principles of administrative law, the Court rules, and amounted to “judicial intervention run riot.”

Most Popular

Film & TV

America’s Favorite Movie

For more than a decade, readers volunteering their ratings on the movie site IMDb have declared The Shawshank Redemption (1994) their favorite film of all time. (Number two is The Godfather). Unlike the unholy tablets that are the box office charts, which are strongly linked to marketing budgets and show a ... Read More
Film & TV

America’s Favorite Movie

For more than a decade, readers volunteering their ratings on the movie site IMDb have declared The Shawshank Redemption (1994) their favorite film of all time. (Number two is The Godfather). Unlike the unholy tablets that are the box office charts, which are strongly linked to marketing budgets and show a ... Read More
Media

The Media Owe Senator Tom Cotton an Apology

One of the biggest issues people have with the mainstream press these days is that some of its members are so insulated that they end up buying into and promoting false narratives without actually checking these narratives' veracity. That seems to be exactly what happened in mid February, when major outlets ... Read More
Media

The Media Owe Senator Tom Cotton an Apology

One of the biggest issues people have with the mainstream press these days is that some of its members are so insulated that they end up buying into and promoting false narratives without actually checking these narratives' veracity. That seems to be exactly what happened in mid February, when major outlets ... Read More
Politics & Policy

Welcome Back, Plastic Bags

Single-use plastic bags are a miracle of modern technology. Cheap, light, convenient, and ubiquitous, they provide an elegant solution to a problem. If you recycle them, as most people do, and put your rubbish in them, that creates a net reduction in carbon emissions compared with buying the heavier, thicker ... Read More
Politics & Policy

Welcome Back, Plastic Bags

Single-use plastic bags are a miracle of modern technology. Cheap, light, convenient, and ubiquitous, they provide an elegant solution to a problem. If you recycle them, as most people do, and put your rubbish in them, that creates a net reduction in carbon emissions compared with buying the heavier, thicker ... Read More
World

All Signs Point to China

Just one big story today: collecting and sorting through what we know about the coronavirus's origins, and what makes sense and what doesn’t in the theory that it originated from someone eating bats or pangolins from the Huanan Seafood Market. What We Know and What We Don’t Know about the Source of ... Read More
World

All Signs Point to China

Just one big story today: collecting and sorting through what we know about the coronavirus's origins, and what makes sense and what doesn’t in the theory that it originated from someone eating bats or pangolins from the Huanan Seafood Market. What We Know and What We Don’t Know about the Source of ... Read More