The clash between Chief Justice Roberts’ opinion and that of the joint dissenters is best seen as a clash between two visions of judicial restraint, and two eras of the conservative legal movement.
Vigilance on behalf of religious liberty is a just response to what is highest and noblest in human experience—mankind’s relation to something higher and nobler than itself. Adapted from a monograph by the Witherspoon Institute’s Task Force on International Religious Freedom.
The lesson of Casey is that the nomination and confirmation of judges with a sound judicial philosophy is an essential foundation stone of a culture of life.
Casey is not a sound exposition of the Constitution, and its authority should be repudiated by all other actors in our constitutional system The second in a two-part series on the deadly significance of Planned Parenthood v. Casey
Same-sex marriage should not come in the back door, via an arguably collusive lawsuit in which no one charged with the responsibility of enforcing the law actually defends it.
The American Catholic bishops’ “Fortnight for Freedom,” which begins tomorrow, continues a long tradition of defending religious freedom that began with Sir Thomas More and Bishop John Fisher.
Judges and justices who reasoned in favor of same-sex marriage based on social scientists’ “no differences” thesis must now contend with better research: Heterosexual married couples offer the best family structure for children, according to a new, rigorously researched sociological study.
The Founders’ nuanced views of religion and politics prevent us from reading modern concerns about the separation of church and state into their words.
Liberals and conservatives alike often complain hypocritically about judicial activism. If we are to avoid letting judicial activism become rule in favor of whatever causes justices approve, then we should make the presumption of constitutionality a basic principle of judicial review.
The views about faith and religion that President Obama expressed in his Commencement Address at Notre Dame pave the way for his HHS mandate. He would protect the state from the church, not by privatizing faith, but by redefining it.
Yesterday’s statement about same-sex marriage by President Obama and last week’s departure of a gay-rights activist from the Romney campaign reveal important lessons.
Despite their disagreements, conservatives and libertarians often agree on many things. Resolving their differences, however, means rejecting philosophical skepticism and taking right reason seriously.
In her memoir, long-time abortionist Merle Hoffman wages a war against nature’s decree that only women can keep the human race going by bearing children.
Has the Supreme Court rediscovered the institution of property? In a recent unanimous affirmation of property owners’ rights, the Court gives us reason to hope.
All citizens should support Pain-Capable Child Protection Acts because the unborn can feel pain prior to birth, and laws protecting them from pain are constitutional.
The Occupy Movement should be an occasion for the American left to rethink its own moral crusades, which turn out to be morally corrosive and hence incompatible with any serious commitment to social justice.
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