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Public Discourse

The Religious Liberty Case Against Religious Liberty Litigation: Non-Universal Exemptions and Judicial Overreach

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Current lawsuits against the HHS contraceptive mandate may undermine religious liberty in the long run. Not all religious objectors to the mandate are likely to be exempted even if the lawsuits are successful, and judges violate the core meaning of religious liberty when they assess plaintiffs’ religious character. The first in a two-part series.
Public Discourse

Political Justice: Equality of Opportunity not Sameness of Opportunity

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Conservatives should embrace the cause of equality of opportunity, not sameness of opportunity.
Public Discourse

The Conservative’s Right Mind: A Reply to David Brooks

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Economic liberty is necessary for achieving the real, non-economic goods of individuals and associations in civil society. Not the collectivist “we” of government, but the many “we’s” of civil society are the true ground of a just, and good, society.
Public Discourse

Governing the Medical Profession: Obamacare and New Governance

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Obamacare purports to improve medical quality through dynamic processes that involve government-supported private actors, quality benchmarks, and participation by practitioners and patients. The first in a two-part series.
Public Discourse

Toward a Less Minimal Marriage

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A new argument that reduces marriage to any consensual caring relationship is grounded by a cynical view of human nature that we ought not accept.
Public Discourse

Eugene Genovese: Truth-Teller

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Eugene Genovese was a teller of truth, even when the truth to be told was ugly, embarrassing, humiliating. He told the truth, even when it meant confessing complicity in world historical crimes.
Public Discourse

Individualism, Community, and Moral Obligation in the Hebrew Bible

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The Hebrew Scriptures, read as a work of political theory, offer egalitarian, communitarian, and individualistic themes; two recent books incompletely capture the presence of all three.
Public Discourse

The New Sexual Predators

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Young women now have to defend themselves not only from stereotypical sexual predators, but also from older women and gay men who seek their eggs.
Public Discourse

Constitutions, Culture, and the Economy

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Constitutional law has often been used to shape economies, but there are limits to the law’s ability to influence economic culture, especially when societal priorities no longer accord with constitutional principles.
Public Discourse

Tolerance and Reciprocity

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Tolerance of wrong-doing is freely given; it is an act of graciousness, and not the paying of a debt. Therefore it rests with the offender, at the very least, to refrain from aggravating the burden of tolerance.
Public Discourse

Inequality and Elite Failure

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Is inequality the cause of our worst social ills?
Public Discourse

Political Metaphors in Hebrew Scripture

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The authors of the Hebrew Scriptures shape their presentation of God by using three metaphors from the political realm: law, covenant, and teaching.
Public Discourse

The Overlooked Meaning of Bill Clinton’s DNC Address

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Praise for Bill Clinton’s recent address at the Democratic National Convention overlooks the fact that his promiscuity and perjury as president make his presence there a scandal.
Public Discourse

Poverty, Abortion, and Budgets: Democrats for Life Need Better Arguments

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A recent address encouraging Democrats for Life to re-elect President Obama is marked by flawed reasoning and misleading statistics.
Public Discourse

The Right to Life and the Irrelevance of Rape

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Rape is tragic, awful, horrible, gut-wrenching—an unspeakable crime of great emotional harm—but rape is essentially irrelevant to the morality of abortion.
Public Discourse

The Surrogate Uterus: The AGR Case and Melissa Brisman

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The question of surrogacy has always been more about us than about the participants in the relationship. Will we use the power of the people to take a child from the arms of her mother when the mother is perfectly fit, loves her child, and desires to discharge her duties to her child?
Public Discourse

Respecting Uncle Jack: On Death With Dignity

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A new effort to legalize doctor-prescribed suicide in Massachusetts reminds us that we are not our own to dispose of at will.
Public Discourse

In Defense of Voting Regulations

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Though many liberals are eager to denounce regulations of the right to vote as “voter suppression,” requiring citizens to show that they can cast a properly-informed ballot ensures that the right to vote, like other rights, is exercised prudently.
Public Discourse

A Glimpse into the American Mosque

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A new book of essays by 45 American Muslim men provides a timely response to popular anti-Shariah rhetoric by showing that American Muslims love their country and their fellow citizens.
Public Discourse

Abortion and the Courts: Judicial Nominations Are Imperfect but Matter

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Criticism that Republican justices have only hurt the pro-life cause is misguided, because Republican presidents from Reagan onward have deliberately tried to advance judicial conservatism through federal court appointees—a commitment that has brought victories both for judicial conservatism and the pro-life cause. The second of a two part series.
Public Discourse

Abortion and the Courts: A Brief Political History of Judicial Conservatism

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Legalized, unrestricted abortion can’t be blamed on conservative judicial policy just because Republican justices voted for it. Judicial conservatism as we now understand it came after Roe. The first of a two-part series.
Public Discourse

Getting Dignity Right

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Michael Rosen’s effort to clarify the history and meaning of dignity ignores Christianity’s important philosophical contributions.
Public Discourse

Religion as a Community-Bonding Fiction

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Although religion and God-belief are in some sense an illusion for Jonathan Haidt, they are seen as an often salutary fiction insofar as they help people to overcome their self-centeredness and direct their efforts to a greater collective good. The first in a two-part series.
Public Discourse

The Power to Destroy

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The Supreme Court’s ruling upholding the Affordable Care Act is constitutionally correct. This doesn’t prevent us from seeing the individual mandate as a tax on freedom—an exercise of Congress’s constitutional power to tax so as to destroy personal and institutional freedom with respect to health insurance.
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