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The National Academies and Climate Lawfare
So-called attribution theory was at the heart of the most lopsided and flawed content in the Federal Judicial Center’s Reference Manual on […]
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This Day in Liberal Judicial Activism—September 8
1987—While ten members of the American Bar Association’s judicial-evaluations committee sensibly give Supreme Court nominee Robert H. Bork the […]
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This Day in Liberal Judicial Activism—September 7
2000—Nearly two years after Florida voters vote, 73% to 27%, to amend the state constitution to require that Florida’s ban on “cruel or unusual […]
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This Day in Liberal Judicial Activism—September 6
Sept. 6, 2016—Over the public dissenting votes of ten of its judges, the Ninth Circuit issues an order declining to grant […]
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This Day in Liberal Judicial Activism—September 5
1969—By a vote of 4 to 3, the California supreme court rules in People v. Belous that the exception to California’s abortion ban for abortions […]
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Judge Rakoff and the Reference Manual
It’s natural to think oneself on the side of the angels.
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This Day in Liberal Judicial Activism—September 4
1992—Recognizing that “only exceptional circumstances amounting to a judicial usurpation of power will justify the invocation of [the] […]
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‘How a Vanishing Supreme Court Seat Led to John Marshall’s Appointment’
That’s the title of my new Confirmation Tales post.
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This Day in Liberal Judicial Activism—September 3
2020—In its steady decline over two decades from being arguably the best federal court of appeals to becoming perhaps the very worst, the […]
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The Supreme Court Reaffirms a Basic Principle of Standing
Having shut down the abuse of nationwide injunctions last year in CASA, the Court has now delivered a welcome course correction for lower courts on […]
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This Day in Liberal Judicial Activism—September 2
2003—In Summerlin v. Stewart, the Ninth Circuit addresses whether the Supreme Court’s decision in Ring v. Arizona, which held that aggravating […]
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Minimizing the ‘Grotesque Results’ of the Supreme Court’s Birthright Citizenship Decision
Congress and the executive branch still have several options for limiting universal birthright citizenship’s harmful consequences.
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DOJ Rebuffs South American Gangsterism
America First means putting American investors first, not South American gangsters and their liberal enablers on the Second Circuit.
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This Day in Liberal Judicial Activism—September 1
1998—By a vote of 7 to 4, the en banc D.C. Circuit rules (in Animal Legal Defense Fund v. Glickman) that an individual who alleged that he […]
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Evaluating Ronald Reagan
The fight over his legacy isn’t about policy. It’s about vibes: sunny optimist vs. Nixon the schemer.
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This Day in Liberal Judicial Activism—August 31
2020—In Smith v. Regents of the University of California, state trial judge Brad Seligman issues a preliminary injunction barring the various […]
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When Jewish Prayer at Home Becomes a Municipal Offense
When a jurisdiction burdens any religious exercise like this, the proceedings become the punishment.
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This Day in Liberal Judicial Activism—August 30
1971—By a vote of 6 to 1, the California supreme court rules in Serrano v. Priest that California’s “public school financing system, with its […]
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This Day in Liberal Judicial Activism—August 29
2013—In a challenge to a California law that prohibits mental-health counselors from engaging in “sexual orientation change efforts” with […]
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This Day in Liberal Judicial Activism—August 28
2019—In concurring in the denial of rehearing en banc of his panel ruling in CIC Services v. IRS, Judge Eric L. Clay accuses his seven […]
