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Bench Memos - National Review Online Bench Memos - National Review Online

Covering The Supreme Court -- from National Review Online

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Last Entry: April 01, 2011 at 05:00:54

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From Yale to the NFL

Posted on January 04, 2011
Are we still the home of the brave? Last week, the National Football League called off a game because it was going to snow in Philadelphia. This has not happened before. American football is played under all weather conditions...


Is There Good News in the Holy Land?

Posted on January 04, 2011
If so, it won?t last long. Jerusalem, Israel -- 'All of these correspondents,' Israel Defense Forces spokeswoman Avital Leibovich notes, referring to the hundreds of reporters, photographers, and producers from world press organizations stationed in Jerusalem, 'are not here to report on Tel Aviv's beaches or the wineries of Judea and Samaria...


?Saving? the Housing Market

Posted on January 04, 2011
Why should everyone else pay for the reckless? ‘Housing Market Setback Forecast,' the newspaper headline said. A recently released report on housing says that home sales are down more than 25 percent and the inventory of unsold homes is about 50 percent higher than it was the same time last year...


Is Saudi Arabia Opening Up?

Posted on January 04, 2011
The fight between Islamic reformers and hardliners deserves our full attention. On Jan. 1, 1996, Abdullah bin Abdulaziz became regent and effective ruler of Saudi Arabia. His 15th anniversary this week offers an opportunity to review the kingdom's changes under his leadership and whither it now heads...


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2012: Year of the Libertarian?

Posted on January 03, 2011
Gary Johnson mulls a presidential bid. If Gary Johnson were president, he would immediately cut all federal spending -- entitlements, defense, education, everything -- by 43 percent to rectify our fiscal blunders...


The New Isolationism

Posted on January 03, 2011
The world is getting more dangerous by the day. So why has Ron Paul joined Barney Frank in an effort to slash defense spending? Anything Reps. Ron Paul (R., Tex.) and Barney Frank (D., Mass.) both support should give the rest of us pause...


The Manhattan Project
Of Illegal Immigration

Posted on January 03, 2011
Why do millions of Mexican nationals see America as racist, exploitative ? and worth everything to get to and stay in? We all are familiar with the debates surrounding illegal immigration: absolute versus flexible laws; amnesty versus deportation or earned citizenship; closed versus open borders; entitlement dependency versus work no one else will do...


?Civil Rights? Gone Wild

Posted on January 03, 2011
To the Civil Rights Division, pilgrimages and stiletto heels matter more than actual violations of the Civil Rights Act. The Justice Department's Civil Rights Division has no time to pursue voter-intimidation cases against black defendants...


?The Man with the Mustache?

Posted on January 03, 2011
From the December 31, 2010, issue of NR Two summers ago, National Review took one of its cruises, this one to the Eastern Mediterranean. We had several hundred passenger-readers aboard, and a slate of speakers...


It's About More Than Money

Posted on January 03, 2011
Increases in personal well-being overshadow personal inequality. Consider one conundrum in American politics: Income inequality has been increasing, according to standard statistics, yet most Americans do not seem very perturbed by it...


Bill Donohue, a Man for Our Season

Posted on January 03, 2011
Ladies, make room for this <i>View</i>. ‘One little man wrote this letter. And he can just go to hell.' Elisabeth Hasselbeck, one of the co-hosts of ABC's The View, was talking about William Donohue, president of the Catholic League for Religious and Civil Rights...


The RNC Debate

Posted on January 03, 2011
The RNC has its work cut out for it in 2012. Meet the five candidates eager to take it on. Today's debate among the five candidates for Republican National Committee chairman finally offered Republicans a showdown between Michael Steele and his rivals, but the debate didn't offer much in terms of fireworks...


Supply-Side Obama?

Posted on January 03, 2011
Trust but verify. The past is not always a prologue to the future. But looking at some of the big winners and losers of 2010 does provide some strong hints of a positive 2011. The biggest winner last year was the Tea Party, which shellacked President Obama in the election...


Shortcut to Redemption

Posted on January 01, 2011
Michael Vick doesn?t suck. At football. One of the best things I read all year came in a magazine I don't read, about a subject I don't follow, by an author I don't agree with on nearly anything...


Yes, the Greatest Country Ever

Posted on December 31, 2010
Our greatness is simply a fact. When the likes of Marco Rubio, the new Republican senator from Florida, say this is the greatest country ever, sophisticated opinion-makers cluck and roll their eyes...


Big Labor?s Snowmageddon Snit Fit

Posted on December 31, 2010
Politicized and abusive unions were deadly during the blizzard. Diligent English farmers of old once shared a motto about the blessings of work: 'Industry produces wealth, God speed the plow.' Indolent New York City union officials who oversee snow-removal apparently live by a different creed: Sloth enhances political power, Da Boss slow the plow...


Three Simple Reaganite Ideas for the New Congress

Posted on December 31, 2010
Setting out on the right foot The incoming Republican House of Representatives and its reformist GOP brethren in the Democratic Senate will be embroiled in complex legislation. Feeding or starving Obamacare, accelerating or braking federal spending, and possibly even keeping or replacing the U...


Government by Regulation

Posted on December 31, 2010
Death counseling by administrative fiat Most people don't remember Obamacare's notorious Section 1233, which mandated government payments for end-of-life counseling. It aroused so much anxiety as a possible first slippery step on the road to state-mandated late-life rationing that the Senate never included it in the final health-care law...


After New START

Posted on December 30, 2010
President Obama should demonstrate his commitment to missile defense. National-security hawks lost a battle last week when 71 members of the Senate -- not all of them Democrats -- voted to ratify New START...


A Truce in Culture Wars as Voters Focus on Economy

Posted on December 30, 2010
Mitch Daniels?s proposal is already a fact of life. Back in June, Indiana governor Mitch Daniels, who many think would be an attractive 2012 presidential candidate, was quoted by Andrew Ferguson in The Weekly Standard as saying the next president 'would have to call a truce on the so-called social issues...


The American 21st Century

Posted on December 30, 2010
America?s rivals lack the culture necessary to sustain greatness. The current debt, recession, wars, and political infighting have depressed Americans into thinking their country soon will be overtaken by more vigorous rivals abroad...


The Future of an Illusion

Posted on December 29, 2010
For much of the last decade -- which is to say, for his entire national career -- President Obama has said that he opposes same-sex marriage. Now he says that his 'attitudes are evolving' on same-sex marriage. Let's review the record. In 1996, at a time when public opinion ran strongly against same-sex marriage, he indicated his support for it on two candidate questionnaires...


Traver Off Target

Posted on December 29, 2010
Obama?s ATF pick exemplifies what is wrong with U.S. law enforcement. Pres. Barack Obama has nominated Andrew Traver, an episodically dishonest campaigner against Americans' right to keep and bear arms, to be head of the Bureau of Alcohol, Tobacco, and Firearms...


Big Nannies of the Year

Posted on December 29, 2010
God save us from more busybody bipartisanship in 2011. It was a nefarious year for nettlesome busybodies employed by the Nanny State. Here are the top power-grabbers of 2010 -- those who just can't leave us alone: New York City mayor Michael Bloomberg Two feet of snow paralyzed trains, buses, snowplows, and emergency vehicles in the Big Apple this week...


Promises and Riots

Posted on December 29, 2010
Our politicians? magical economic thinking will end with street-mobs. Economists are the real 'party of no.' They keep saying that there is no such thing as a free lunch -- and politicians keep on getting elected by promising free lunches...


As Gay Becomes Bourgeois

Posted on December 29, 2010
An ironic progressive victory So now openly gay soldiers get to fight and die in neocon-imperialist wars too? David Brooks saw such ironic progressive victories coming. In his book Bobos in Paradise, he wrote that everything 'transgressive' gets 'digested by the mainstream bourgeois order, and all the cultural weapons that once were used to undermine middle-class morality ...


S?more, Please

Posted on December 28, 2010
One key ingredient in Sarah Palin's political dynamite is the cheerful scorn with which she regards Washington, a small but zesty serving of which she recently dished up for First Lady Michelle Obama and her anti-obesity crusade. During an episode of her reality show, the once (and future?) candidate cooked up a mess of hot s'mores and a side of even hotter politics, declaring: 'This is in honor of Michelle Obama, who said the other day we should not have dessert...


Back to Declinism

Posted on December 28, 2010
The world will be worse without a liberal hegemon. In the judgment of Yale historian Paul Kennedy, a world in which a shrunken America is just primus inter pares, 'one of the most prominent players in the small club of great powers,' is all but inevitable, a natural turning of the seasons...


The President Is No Prosecutor

Posted on December 28, 2010
Congress, not the executive, controls criminal law. With respect to the federal government, whose formation he then was championing, Alexander Hamilton assured skeptics during the debates over the new Constitution that state governments would enjoy 'one transcendent advantage' -- they would retain control over 'the administration of criminal and civil justice...


Who Is Ron Paul?

Posted on December 28, 2010
Ask ten different people, and you?ll get ten different answers. Ron Paul speaks softly and carries Mises. The eccentric, famous, and infamous Texas congressman has a frail frame and a frailer voice...


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