This Day in Liberal Judicial Activism–May 29

uTN Social - Free Speech Social Media
(Pixabay)

1992–According to Jan Crawford’s Supreme Conflict, Justice Anthony Kennedy writes a note to Justice Harry Blackmun asking to meet him “about some developments in Planned Parenthood v. Casey … [that] should come as welcome news.” The news is that Kennedy is retreating from his conference vote to apply a deferential standard of review to the abortion regulations under challenge. One month later, Justices O’Connor, Kennedy, and Souter issue a joint opinion in Casey that is breathtaking in its grandiose misunderstanding of the Constitution and of the Supreme Court’s role. (More on this in a month.)

2001–Does the Americans with Disabilities Act of 1990 require that the PGA Tour allow a disabled contestant to use a golf cart in its professional tournaments when all other contestants must walk? Answering in the affirmative (in PGA Tour, Inc. v. Martin), Justice Stevens’s opinion for the Supreme Court determines that walking is not “fundamental” to tournament golf. An excerpt from Justice Scalia’s classic dissent:

If one assumes … that the PGA TOUR has some legal obligation to play classic, Platonic golf … then we Justices must confront what is indeed an awesome responsibility. It has been rendered the solemn duty of the Supreme Court of the United States … to decide What Is Golf. I am sure that the Framers of the Constitution, aware of the 1457 edict of King James II of Scotland prohibiting golf because it interfered with the practice of archery, fully expected that sooner or later the paths of golf and government, the law and the links, would once again cross, and that the judges of this august Court would some day have to wrestle with that age-old jurisprudential question, for which their years of study in the law have so well prepared them: Is someone riding around a golf course from shot to shot really a golfer? The answer, we learn, is yes. The Court ultimately concludes, and it will henceforth be the Law of the Land, that walking is not a ‘fundamental’ aspect of golf. Either out of humility or out of self-respect (one or the other) the Court should decline to answer this incredibly difficult and incredibly silly question.

Recommended


Calm Down, Everyone: The ‘UFOs’ Aren’t Aliens

The videos disclosed so far all have obvious potential terrestrial explanations.


Is Coke Rethinking Woke?

Why the soft-drink giant is pulling back from its left-wing posturing.


COVID-19 Rewired Our Brains

It’s time for a mass deprogramming.


The Mask Is an Outward Sign of Inward Things

This isn’t a medical question anymore; it’s a question of cultural allegiance.


Rebekah Jones, the COVID Whistleblower Who Wasn’t

The former dashboard manager alleges a vast data conspiracy in Florida; not a word of it is true.


The Democrats Have a Kamala Harris Problem

It seems indisputable that the Democratic Party has a real interest in Harris being more popular than she is.

The Latest


Welcome, Don’t Censor, Alternative Viewpoints

The COVID era shows we don’t always know what facts are right. Let’s not suppress reasonable dissents from what happens to be the consensus at any given time.


Joe Biden, Budget Buster

This pricey wish list should prompt massive pushback from Republicans and provide a wake-up call to moderate Democrats who still care about deficits and wasteful spending.


Museums Want Accessibility? Try Free Admission

Endless lockouts and high entry fees make their woke lingo seem fake.


In Defense of Breezewood

The Pennsylvania thoroughfare oddity does not deserve its bad reputation.


The Tragic, Disturbing Case of Ronald Greene’s Death

Louisiana state police troop’s videotaped brutality threatens to stir up a new George Floyd-style backlash.


The Stranger Problem

Have we been too successful at insulating ourselves from harm, and from each other?

Top Stories

Get our conservative analysis delivered right to you. No charge.


Most Popular


The Fall of Saint Anthony Fauci


The Fall of Saint Anthony Fauci

On the unforced errors of America’s most political doctor.


Yes, Democrats Should Fear the Crime Wave


Yes, Democrats Should Fear the Crime Wave

Progressives who aren’t alarmed that reporters are dodging bullets at the George Floyd memorial are tempting political fate.


What Has Happened to Nikki Fried?


What Has Happened to Nikki Fried?

Peddling in every available strand of nonsense and conspiracy theory is not helping the Florida Democrat’s brand.


View More

Read More Feedzy

The Foxhole App - Trusted News Podcasts

Leave a Reply

Your email address will not be published. Required fields are marked *