Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—September 22

Barack Obama delivers the keynote address at the 2004 DNC.

2005—Explaining his decision to vote against the confirmation of John Roberts as Chief Justice, then-Senator Barack Obama concocts his lawless “empathy” standard for judges, as he contends that judicial decisions in “truly difficult” cases require resort to “one’s deepest values, one’s core concerns, one’s broader perspectives on how the world works, and the depth and breadth of one’s empathy.… [I]n those difficult cases, the critical ingredient is supplied by what is in the judge’s heart.”

Most Popular

U.S.

Regular Order

Jussie Smollett’s story has always sounded a little . . . extraordinary. Smollett, who appears on the television series Empire, says he was attacked on the streets of Chicago at 2 a.m. by two men who shouted racial and homophobic abuses at him, beat him, doused him with bleach, and fastened a noose around ... Read More