This Day in Liberal Judicial Activism—November 25

by Ed Whelan

2013—In a wild administrative ruling (in In re Fonberg), the three-judge Judicial Council of the Ninth Circuit Executive Committee concludes that an unmarried court employee with a same-sex domestic partner is entitled to federal marital benefits. This, alas, is not the first time that Ninth Circuit chief judge Alex Kozinski has exercised his non-judicial administrative authority to carry out a sneak attack on marriage.

Bench Memos

NRO’s home for judicial news and analysis.