The Legal Primacy of Sex

By Justin Katz | February 11, 2010 |

This from the court that blazed the path of determining that the word “marriage” can’t mean, in the law, what it’s always been known to mean: Matt Zubiel of Beverly was arrested in 2006 after driving to Marshfield to meet with the girl, who really was a Plymouth County Deputy Sheriff, authorities said. The next…

For Less Judicial Ideology, Shorten Government Reach

By Justin Katz | January 28, 2010 |

Something about this line of thinking, in an AP essay about the Supreme Court by Mark Sherman, doesn’t sit right: As in dozens of earlier cases, Kennedy was in the majority each time. He was the author of the campaign finance decision. The rulings demonstrate the extent to which ideology — not fidelity to precedent…

Without Grounding, There Is Only Personal Preference

By Justin Katz | January 13, 2010 |

Another founding father of modern progressivism described in the series of National Review essays that I mentioned yesterday is Oliver Wendell Holmes, whose repercussions in modern jurisprudence Bradley Watson describes thus: There is a residual incoherence to the progressive jurisprudence that has followed Holmes. It alternates between two poles. On one hand, it expresses the…

What Good Are Judges’ Sales Pitches?

By Justin Katz | January 8, 2010 |

With the judiciary as important as it is, and with those who typically populate its benches being, by nature, somewhat less prominent, in the public eye, than politicians, the Providence Journal‘s series of profiles of the five people whom the Judicial Nominating Commission has passed along to Governor Carcieri as candidates to fill a state…

The Judicial Wing of Government

By Justin Katz | December 24, 2009 |

Two points on an article about the RI judiciary’s declining to answer the governor’s request for further budget cuts: Overall, the courts brought in $25.2 million in fines in 2009, he said, $23 million of which went into the state’s general fund. This is entirely the wrong mindset for the judiciary. It isn’t meant to…

The Process for Judges Like the Process for Politicians

By Justin Katz | October 9, 2009 |

Michael McConnell uses a book review on the topic of judicial philosophy to bring forth an image of the new process for being confirmed to the Supreme Court: Sotomayor’s repudiation of the president’s empathy criterion raised eyebrows and not a few questions about her sincerity. But in truth her answer was a powerful tribute to…

“Judiciously Empathetic” Thompson Nominated to 1st Circuit

By Marc Comtois | October 7, 2009 |

President Obama has nominated O. Rogeriee Thompson to the U.S. Court of Appeals for the First Circuit. This is the same Judge Thompson, who, as Bob Kerr recently explained, “granted continuance after continuance as [Pocahontas] Cooley claimed various physical ailments or requested additional evidence…” in Cooley’s attempt to take over former-boyfriend Paul Kelly’s home. (Justin…

Tackiest Post To Date

By Carroll Andrew Morse | October 7, 2009 |

I thought former Rhode Island Supreme Court Justice Frank Williams’ role model was Abraham Lincoln, not Dwight Eisenhower.

Applying the Law, Even When Wrong

By Justin Katz | September 6, 2009 |

Since we’re already on the topics of self reliance and freedom, it’s a good time to recall a Providence Journal editorial about a New Yorker who is suing everybody conceivable over his fall from Newport’s Cliff Walk. The fellow left the path, apparently required more protection than his own common sense to keep him from…

Senator Whitehouse’s First Round of Questions to Judge Sotomayor

By Carroll Andrew Morse | July 15, 2009 |

The Washington Post has the first round of Senator Sheldon Whitehouse‘s questioning of Judge Sonia Sotomayor available at their website. Ed Whelan of National Review Online notes that the exchange concerning Judge Sotomayor’s involvement with the Puerto Rican Legal Defense fund contradicts what was reported in the New York Times earlier this year. This is…