Bench Memos

Those Anti-Civil Rights Conservative Justices

Last week’s 9-0 decision by the Supreme Court, broadening employment discrimination law by allowing more anti-retaliation claims, shows that we were right and the Left was wrong in the confirmation fights over Roberts and Alito.  Specifically:  We said that they should and would just follow the law as written by Congress; the Left said, pshaw, they would follow their reactionary personal agendas to roll back civil-rights protections.  Last week’s majority decision may or may not be great policy, but clearly Roberts was happy to join the opinion written by Justice Breyer and also joined by six other justices because he thought it was the best interpretation of the underlying statute’s text.  Justice Alito concurred in the result but wrote separately, and his opinion—which also was favorable to plaintiff—was, likewise, carefully (in my view, perhaps more carefully) rooted in the statute’s text, just as we said it should and would be. 

Most Popular

Politics & Policy

Fight for Kavanaugh 

The cynics — or, perhaps more precisely, the realists — believed that the Democrats were playing for time in the hopes of finding another accusation against Brett Kavanaugh. The cynics were right. The New Yorker stooped to publish a shoddy story alleging that Kavanaugh exposed himself to a woman while he ... Read More
White House

Trump Stands By ‘Fantastic’ Kavanaugh

President Trump was supportive of his nominee to the Supreme Court during a radio interview set to be broadcast on Monday morning, in which he characterized Brett Kavanaugh as a “fantastic, fantastic man” and called into question allegations of sexual assault. In the interview — recorded on Sunday, ... Read More