Bench Memos

Law & the Courts

No Comment for Now, But Much to Come

For various reasons, I’ve decided not to comment on any of the speculation over whom President Trump will select to fill the pending Supreme Court vacancy. Instead, I’ve been busy reviewing the records of the candidates whom I believe to be in contention.

Within minutes of the time a nominee is announced, I expect to post a lot about the candidate. And I expect to continue to do so in the days and weeks that follow.

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The Democrats Made Two Joe Biden Miscalculations

I think it's safe to say that there are many, many progressive Democrats who are more than a little surprised -- and a lot chagrined -- at Joe Biden's polling dominance. Look at FiveThirtyEight's polling roundup. Aside from a few high and low outliers, he leads the race by a solid 20 points (at least). Even ... Read More

Our Modern Satyricon

Sometime around a.d. 60, in the age of Emperor Nero, a Roman court insider named Gaius Petronius wrote a satirical Latin novel, The Satyricon, about moral corruption in Imperial Rome. The novel’s general landscape was Rome’s transition from an agrarian republic to a globalized multicultural ... Read More