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The Latest
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2010—In American Atheists, Inc., v. Duncan, a Tenth Circuit panel holds that the state of Utah violated the Establishment Clause by allowing the private Utah Highway Patrol Association to memorialize ...
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Rachel Maddow’s Racial Smear of Second Circuit Nominee Steven Menashi
In a lengthy segment on MSNBC, Rachel Maddow grossly distorted Menashi’s argument and tried to twist it into “a high-brow argument for racial purity.”
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This Day in Liberal Judicial Activism—August 16
1996—One reason that the Ninth Circuit is so dysfunctional is that it fails to make responsible use of its en banc procedures to override panel rulings that conflict with Supreme ...
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This Day in Liberal Judicial Activism—August 15
1938—Stephen Gerald Breyer is born in San Francisco. An expert on regulation and a professor at Harvard Law School, Breyer serves from 1979 to 1980 as chief counsel to Teddy ...
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Eleventh Circuit Judge Tjoflat to Take Senior Status
I’m reliably informed that Eleventh Circuit judge Gerald Tjoflat, who has served on the federal bench since 1970, has declared his decision to take senior status, effective on the confirmation ...
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ABA Double Standard?
As I have made clear before, I think that it’s entirely reasonable for the American Bar Association’s judicial-evaluations committee to want nominees for federal district judgeships to have substantial trial ...
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This Day in Liberal Judicial Activism—August 13
2015—In State v. Santiago, the Connecticut supreme court rules by a 4-3 vote that the death penalty “as currently applied” violates the state constitution. (Under some quirk of Connecticut procedure, ...
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This Day in Liberal Judicial Activism—August 12
2010—In his final act of extraordinary malfeasance in Perry v. Schwarzenegger, Judge Vaughn Walker refuses to stay his judgment against California’s Proposition 8 while the appeal process unfolds. Days later, ...
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This Day in Liberal Judicial Activism—August 11
2006—In a separate opinion in Henyard v. McDonough, Eleventh Circuit judge Rosemary Barkett, reaching out to address an issue that she concedes (with considerable understatement) “may not be directly before ...
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This Day in Liberal Judicial Activism—August 9
1969—“Now is the time for Helter Skelter,” declares Charles Manson, triggering two nights of vicious killing by the “Manson Family” in Los Angeles. Some 2½ years later, in its own ...