Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—September 25

1979—Taking advantage of its (and the House’s) massive increase in the number of judgeships a year earlier, the Democrat-controlled Senate confirms on a single day 25 of President Jimmy Carter’s judicial nominees, seven to appellate judgeships and eighteen to district judgeships.

2020—Citing the danger of long lines at the polls in the midst of the coronavirus pandemic, federal district judge Marina Marmolejo enjoins enforcement of a Texas law, enacted more than three years earlier, that eliminated so-called straight-ticket voting. (Under straight-ticket voting, a voter, rather than making separate choices for each race, could simply pick an option at the top of the ballot for all of a party’s candidates.) Judge Marmolejo’s ruling in Texas Alliance for Retired Americans v. Hughs comes just 18 days before early voting is to begin in Texas.

Five days later, a unanimous Fifth Circuit panel will block Marmolejo’s order from taking effect.

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