BLAME CONGRESS. Glenn Greenwald and Lyle Denniston have excellent analysis of the decision of District Court Judge James Robertson to dismiss the habeas corpus claim of Salim Ahmed Hamdan. Under the circumstances, the decision is actually about as good an outcome for opponents of arbitrary detentions as could be expected.
WHY THE "PARTIAL BIRTH" CASE MATTERS: AN ANTI-REPRODUCTIVE FREEDOM PERSPECTIVE.Hadley Arkes, one of the pro-life movement's most prominent intellectuals, has an article in First Things about the upcoming "partial birth" abortion decision. It starts off strangely, with the claim that "people on both sides seriously expect the Court will use its decision to overturn Roe v. Wade." My question -- such as who? I read as much as I can on the subject, and I certainly haven't encountered anyone saying this.
A (QUALIFIED) DEFENSE OF THE TRANS-FAT BAN. This probably won't help increase comity between progressives and our newly receptive libertarian brothers and sisters, but as William Saletan and Lindsay Beyerstein point out, the case for New York City's much-derided ban on trans-fats is actually very compelling. I tend to start from quite libertarian premises on such issues, and I certainly for the most part don't think that it's a legitimate role of state coercion to mandate asceticism or conformist aesthetic values. But this isn't what this ban will accomplish.
THE COUNTERMOBILIZATION MYTH -- CANADIAN EDITION. Gay rights litigation has been very successful in our neighbor to the north, with major victories at both the federal and provincial levels (including with respect to marriage benefits. According to oft-cited conventional wisdom, this success should have been a disaster for the gay rights movement, mobilizing a huge backlash and setting the cause back for generations as citizens were incensed by decision by "activist" courts. The problem is that this is not, in fact, true.