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What’s the Matter with Oklahoma?
Republicans should listen to the state’s senior senator and approve two judicial nominees.
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This Day in Liberal Judicial Activism—November 10
1961—Phony cases make silly law. Estelle Griswold, executive director of the Planned Parenthood League of Connecticut, and Lee Buxton, a Yale […]
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This Day in Liberal Judicial Activism—November 9
1995—In A Woman’s Choice v. Newman, federal district judge David F. Hamilton issues a preliminary injunction preventing Indiana from […]
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This Day in Liberal Judicial Activism—November 7
2000—So much for respecting a capital inmate’s final wishes. Don Jay Miller, sentenced to death in Arizona for first-degree murder and […]
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A Clarification on Non-Retirements
An article in yesterday’s Washington Post initially placed a quote of mine in a context that gave a mistaken impression about the “implicit […]
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This Day in Liberal Judicial Activism—November 6
2003—Senate Democrats continue their unprecedented measures of obstruction against judicial nominees, as they defeat for the second time an effort […]
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St. Mary’s Oral Argument Brings Out Colorado Free Exercise Evasion
On Tuesday, in the St. Mary Catholic Parish v. Roy oral argument, a majority of the Supreme Court seemed able to see past yet another attempt by the […]
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This Day in Liberal Judicial Activism—November 5
1996—If the First Amendment means anything, surely it must mean that the government must be open to funding a piece of “performance art” in […]
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‘What the 2026 Senate Midterms Mean for Judicial Confirmations’
In my new Confirmation Tales post by that title, I make ten quick points. Here are my first five:
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This Day in Liberal Judicial Activism—November 4
1986—What do actual citizens think of liberal judicial activists? By large margins, the people of California unseat state chief justice Rose Bird […]
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Colorado and Wyoming Events on Midterms and Judicial Confirmations
I’ll be in Denver on Thursday (Nov. 5) and in Laramie next Monday (Nov. 9) to discuss how the midterm elections will affect judicial confirmations, […]
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Senior-Eligible District Judges Appointed by Republican Presidents
By my count, there are 57 district judges who were appointed by Republican presidents and who are, or who will before the end of 2018 become, […]
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Senior-Eligible Appellate Judges Appointed by Republican Presidents
In order to understand what today’s Senate elections mean for judicial confirmations in the last two years of Donald Trump’s presidency, it’s […]
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Religious Liberty Back at the Court Tomorrow
That this case comes from Colorado should surprise no one.
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This Day in Liberal Judicial Activism—November 2
1979—President Jimmy Carter appoints Harry Pregerson to the Ninth Circuit, where Pregerson will remain in active service for the next 36 […]
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This Day in Liberal Judicial Activism—October 31
1972—By a vote of 5 to 4, the en banc D.C. Circuit, in an opinion by Judge J. Skelly Wright in United States v. Robinson, rules that a…
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This Day in Liberal Judicial Activism—October 30
2006—A South Dakota law enacted in 2005 sets forth informed-consent provisions for abortion, including that the woman undergoing abortion be […]
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If Only Justice Kagan Had Meant It When She Said We Are All Originalists
Kagan’s quarrel with Dobbs is not over whether precedents should fall, but which ones.
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‘Midterm Elections and Judicial Confirmations’
In four elections in the past 40 years—two when a Republican was president, two when a Democrat was—a president’s political party has lost […]
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This Day in Liberal Judicial Activism—October 28
2022—John J. McConnell Jr., chief judge of the District of Rhode Island, sponsors and organizes a conference for judges and attorneys […]
