The Corner

Reinhardt to Be Among Those Hearing the Prop 8 Appeal

As Ed Whelan has noted over at Bench Memos, the names of the Ninth Circuit judges who will be hearing the appeal in the Prop 8 case have been announced, and one of them is Stephen Reinhardt. His radicalism is worth noting. Consider, for instance, his decision that the right to bear arms is a collective rather than an individual right, his decision that the Constitution contains a right to physician-assisted suicide, his decision invalidating California’s term-limits law, his decision allowing schools to ban T-shirts criticizing a school’s gay-rights policy, and, of course, his joining the opinion ruling the recitation of the Pledge of Allegiance unconstitutional.

This pattern goes back some time, as this 1997 Weekly Standard article notes. Significant to this particular case is his ruling that the federal Defense of Marriage Act is unconstitutional (on due-process grounds, no less); the context was the question of spousal benefits for a public defender.

Even the Onion has traded on his reputation — in “Activist Judge Cancels Christmas.”

Most Popular


The Gun-Control Debate Could Break America

Last night, the nation witnessed what looked a lot like an extended version of the famous “two minutes hate” from George Orwell’s novel 1984. During a CNN town hall on gun control, a furious crowd of Americans jeered at two conservatives, Marco Rubio and Dana Loesch, who stood in defense of the Second ... Read More
Law & the Courts

Obstruction Confusions

In his Lawfare critique of one of my several columns about the purported obstruction case against President Trump, Gabriel Schoenfeld loses me — as I suspect he will lose others — when he says of himself, “I do not think I am Trump-deranged.” Gabe graciously expresses fondness for me, and the feeling is ... Read More
Politics & Policy

Students’ Anti-Gun Views

Are children innocents or are they leaders? Are teenagers fully autonomous decision-makers, or are they lumps of mental clay, still being molded by unfolding brain development? The Left seems to have a particularly hard time deciding these days. Take, for example, the high-school students from Parkland, ... Read More
PC Culture

Kill Chic

We live in a society in which gratuitous violence is the trademark of video games, movies, and popular music. Kill this, shoot that in repugnant detail becomes a race to the visual and spoken bottom. We have gone from Sam Peckinpah’s realistic portrayal of violent death to a gory ritual of metal ripping ... Read More