Democrats are desperate to make the election a referendum on Dobbs. Trump is right to refuse to resist that.
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Considering Judge Barrett
In one of the most important acts of his Presidency, on Sept. 26, 2020, Donald J. Trump announced his pick to fill the United States Supreme Court vacancy created by the death of Ruth Bader Ginsburg: Amy Coney Barrett. The Supreme Court has recently been divided 4-4 in terms of judicial philosophy, with Justices Ginsburg, Stephen...
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Roll Up Your Sleeves, Deplorables
Trump has triumphed. Now what? A theme is reverberating on this, the Day After, and it goes like this: The media are buffoons who so obviously got everything wrong. How could anyone trust them ever again? All of the Network Gurus (save FOX’s) staved off the Trumpocalypse for as long as they could on Tuesday...
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Rediscovering Philadelphia
“There is no liberty if the power of judging be not separated from the legislative and executive powers.” —Montesquieu The theme that unites the short, somewhat disparate eight chapters of this book is the use by the Supreme Court of unenumerated rights—that is, rights beyond those specifically enumerated in the Bill of Rights—to invalidate state...
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Rediscovering Philadelphia
“There is no liberty if the power of judging be not separated from the legislative and executive powers.” —Montesquieu The theme that unites the short, somewhat disparate eight chapters of this book is the use by the Supreme Court of unenumerated rights—that is, rights beyond those specifically enumerated in the Bill of Rights—to invalidate state...
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Last Best Chance to Capture Supreme Court
President Donald Trump and Senate Majority Leader Mitch McConnell are on the cusp of making history. With Trump having named two justices to the U.S. Supreme Court, Neil Gorsuch and Brett Kavanaugh, they have an opening to elevate a third justice to fill the seat of Ruth Bader Ginsburg, thereby securing the constitutionalism of the...
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Botox Blasey Ford
Christine Blasey Ford is out with a memoir no one asked for about her experience testifying against Supreme Court Justice Brett Kavanaugh’s confirmation. Her unconvincing story remains the same, but her face appears to be the beneficiary of her substantial cash windfalls.
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Will Bishops Deny Biden Communion?
Last week, the U.S. Conference of Catholic Bishops voted 168-55, more than 3-1, to provide new guidance for receiving Holy Communion. Behind the decision? Bishops’ alarm that the public religious practice of President Joe Biden is conveying a heretical message to the faithful and the nation. At Sunday Mass, Biden regularly receives Communion. Yet he...
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Leftists Bury Another Norm: Protesters Target Homes of SCOTUS Justices
Threatening protests outside the homes of conservative Supreme Court justices are the latest example of the left deciding to attack rather than persuade those who disagree.
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Abortion on the Rise
Abortion is on the rise in the United States—and has been since George W. Bush was first inaugurated President in January 2001. Current estimates of the number of abortions performed annually in America hover just above 1.3 million. What may astonish many of the “moral values” voters who reelected President Bush last November is that,...
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Burke on our Crisis of Character
Abandoning our tradition-based constitutional republic, whether for a mythical medieval shire, an idyll of Lockean abstractions, or even a Church militant, is neither necessary nor prudent.
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Our Constitutional Covenant With Death
“The compact which exists between the North and the South,” proclaimed William Lloyd Garrison in an abolitionist declaration of 1843, “is a covenant with death and an agreement with hell.” When the Southern states concluded that they were no longer bound by what their enemies regarded as a compact with the devil. Garrison and his...
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Polemics & Exchanges: October 2023
J. Douglas Johnson, executive editor of Touchstone Magazine, critiques Tom Piatak's column in the August issue, and Mr. Piatak replies.
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Cajuns Uncaged
While many modern historians, liberal politicians, and media elites would like to think that the very concept of “state sovereignty” died when Robert E. Lee offered his sword to Ulysses S. Grant at Appomattox Courthouse on April 9, 1865, the people of one state recently gave state sovereignty a ringing endorsement at the ballot box....
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The Fourth Choice: Ending the Reign of Activist Judges
If you are looking for a reason to vote for Ralph Nader, the way both parties are handling the “gay marriage” issue should give you lots of data. John Kerry, when asked his opinion of “gay marriage,” looks like a dog getting a bath, as Chris Hitchens puts it. Kerry says he personally opposes “gay...
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Books in Brief: September 2023
Short reviews of Tearing Us Apart, by Ryan T. Anderson and Alexandra DeSanctis, and Dollars for Life, by Mary Ziegler.
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“I’m Liberated; Free at Last!”
Pat Buchanan has taken more punches than Chuck Wepner, hut unlike the Bayonne Bleeder, Buchanan has a good right hook (or is it now a left?) of his own. The year began with Buchanan defending his feisty anti-interventionist manifesto A Republic, Not an Empire: Not since the days of Arkansas Sen. William Fulbright, the one...
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Do Androids Tweet…?
The America depicted in the news is every day coming closer to the dystopian future imagined by science-fiction novelists. I am not referring so much to the rising tide of violence and irrationality that has overtaken our society at all levels as to the systematic spiritual, intellectual, and social desolation of our public culture. One...
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The Democrats’ Bait and Switch
Former Ohio Governor Ted Strickland told the Democratic convention that Barack Obama was an “economic patriot” and blasted Mitt Romney for being an “outsourcing pioneer.” That is certainly the theme of the Obama campaign in the industrial Midwest. Any television left on in Ohio for more than 15 minutes is likely to broadcast an attack...
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The Lost Tribes of Israel
As Israel enters its 61st year, Israelis may look back with pride. Yet, the realists among them must also look forward with foreboding. Israel is a modern democracy with the highest standard of living in the Middle East. In the high-tech industries of the future, she ...
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My Vote Still Counts
Back in 2004, I was part of the 62% of Ohio voters who supported a referendum to amend the Ohio Constitution to define marriage as “a union between one man and one woman.” Last week, the Sixth Circuit Court of Appeals decided, in a 2 to 1 decision, that my vote—and those of some 3....
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Born Again Again
Abortionists are apt to be a mite diffident in speaking of their calling—hardly surprising, given the nature of their work and its attendant hazards. How many abortionists have you encountered socially? None, I’d wager. After all, open avowal of their daily labors would hardly invite exchange of further pleasantries. Picture the scene over the hors...
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“Empathy” And The Court
The President wants an empathetic jurist to replace David Souter on the U.S. Supreme Court. He will likely get such a one. What the country will get in that event is one more senator or cabinet member—as straw boss, head knocker, high and mighty arbiter of high and mighty matters. A sort of modern Roman...
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The Post-Abortive Culture
The recent passage of the Texas Heartbeat Act, signed into law by Gov. Greg Abbott on May 19, has resulted in feverish alarums across the land. These came after the U.S. Supreme Court’s refusal to block the law in late September, following an emergency application made by over a dozen Texas abortion providers and their...
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Trump Keeps It Real at ABC’s Rigged Debate
Harris got under Trump’s skin, but she did nothing to alter the perception that she belongs to the status quo. She did not articulate a vision for the future, lay out an economic plan, or clarify how her hard-left views have changed.
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Maybe It’s Not Time to Head for the Hills
In the wake of the Supreme Court’s decision in Obergefell recognizing a non-existent right to gay marriage in the Constitution, there have been numerous articles stating that America has accepted gay marriage and that social conservatives should now shut up. A variation of this theme has been taken up by certain social conservatives such as...
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Another Thurgood Marshall?
When Clarence Thomas, our newest Supreme Court Justice, asked to be sworn in a week before the official ceremony, so he could go on the payroll early, it summed up the whole affair for me. Why are conservatives cheering his ascent to the judicial oligarchy? Yes, it’s fun to beat liberal senators, but not with...
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Books in Brief: May 2023
Short reviews of Dollars for Life, by Mary Ziegler, and The Encyclopedia of Confederate Generals, by Samuel W. Mitcham, Jr.
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Is There Hope for the Federal Courts?
In a radio address last year, President Clinton railed against congressional Republicans who were stalling on his nominees to the federal bench and had even threatened some sitting judges with impeachment. Their actions, he claimed, had endangered our tradition of judicial independence, and were an attack on the rule of law itself. The truth, of...
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Bookshelves
COMMENDABLES Nightfall for Liberalism? by Richard John Neuhaus George Parkin Grant: English Speaking Justice; Notre Dame; $4.95 paper. “Liberalism in its generic form is surely something that all decent men accept as good-‘conservatives’ included. Insofar as the word ‘liberalism’ is used to describe the belief that political liberty is a central human...
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Public Enemy Number One
Every year, on or near the anniversary of Roe v. Wade, hundreds of thousands of Americans go to Washington, D. C., to join the March for Life and protest that infamous decision. The March for Life is peaceful and orderly, and every year the major media outlets contrive to pretend it doesn’t exist. Until this...
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Come, Sweet Death
In the spring of 1975, C. Everett Koop, M.D., addressed a conference of Christian laymen in New Orleans on the topic of abortion—more specifically, on the implications of Roe V. Wade. Among the changes he foresaw were a growing acceptance of infanticide as the “treatment of choice” for defective newborns and an increasing resort to...
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Throwing the Sheep to the Wolves
The boys from Covington Catholic did a good thing by going to the March for Life. If what the Catholic Church teaches is true, Roe v. Wade marks a death sentence for roughly 1,000,000 innocent human beings every year, year in, year out. As John T. Noonan wrote decades ago, “No plague, no war, has so...
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Ounces of Flesh
On the same day last year that the Supreme Court sliced a few ounces of flesh out of its 1973 Roe v. Wade decision on abortion, it also carved up an American tradition governing the public observance of Christmas. In the case of Allegheny v. ACLU, the Court held that Allegheny County in Pennsylvania could...
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Blowing Up the Base: An Abortion Strategy Revealed
The new Republican Congress already looks like a bunch of incompetent boobs. The legislatively meaningless vote for the perennial “Pain-Capable Unborn Child Protection Act,” sponsored by Rep. Trent Franks (R-AZ), which would prohibit abortions after the 20th week of pregnancy, was scheduled for a vote today, on the 42nd anniversary of Roe v. Wade. (I...
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How Thomas Rent the Seamless Garment
“Nor will this Earth serve him; he sinkes the deepe where harmless fish monastique silence keepe, who (were death dead) by roes of living sand might spunge that element and make it land.” —John Donne, “Elegie on Mistris Bulstrode” John Donne reminds us of a natural fact that most of us would rather forget: the...
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Kennedy v. Kennedy
On the last day of August, Judge Richard J. Leon of the U.S. District Court for the District of Columbia found for March for Life in its suit against the Department of Health and Human Services, among other agencies. March for Life is a secular, nonprofit organization, founded after Roe v. Wade, that opposes abortion...
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More on Roberts
I hate to disagree with Rick Oliver, but I think he is too optimistic about John Roberts. What Roberts’ decision today tells us is that he is unlikely to ever cast a decisive vote against the consensus of the Washington elite. This means that the Roberts court will never overturn Roe v. Wade, because such a...
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National Lawyers Association
Three years ago, the American Bar Association voted to abandon its neutral position on legalized abortion and to endorse Roe v. Wade. In response to this action, some 14,000 members of the ABA resigned in protest. Many attorneys felt it was impossible for them to remain a member of, let alone contribute money to, an...
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Doing Well by Doing Evil
The revelation that Planned Parenthood is selling body parts from children that they have aborted in their clinics is shocking, even though it is hardly surprising. Pro-lifers have argued for years that Planned Parenthood is less concerned with the lives of the women that they claim to “help” than they are with making a profit....
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Abortion and the Murder of Meaning
“Say what you mean,” the March Hare advised Alice—a piece of counsel imparted by writing teachers of the old school. But, as we know nowadays, say-what-you-mean is a lot of old-fashioned baloney. If we were to take it seriously, which of course we can’t (don’t forget “mad as a March Hare”), we’d never get anything...
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A Midterm Reality Check
With the Georgia runoff results in, the midterms represent a remarkable achievement for the Democratic Party. They've held their own despite failing grades in all polls on inflation, crime, foreign policy, and immigration, and a mostly senile president.
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A Remembrance of Anne
Note to Readers: This is a condensed version of the eulogy delivered by Patrick Buchanan at St. Stephen Martyr in Washington, D.C., on Aug. 18. It was December of 1965 that I first looked on the friendly Irish face of Anne Volz, outside the law office of Richard M. Nixon. Anne ...
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J.D. Vance is Both Right and Wrong about Kids and Cat Ladies
We should all be for the proposition that Americans ought to have more children, but the truth is that we may have our hands full with trying to improve the quality of the population we’ve got.
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Will the Oligarchs Kill Trump?
Narrow victories in the Kentucky caucuses and the Louisiana primary, the largest states decided on Saturday, have moved Donald Trump one step nearer to the nomination. Primaries in Michigan, Mississippi and Idaho on March 8, and in Florida, Ohio, Illinois, Missouri and North Carolina on March 15, may prove decisive. If Marco Rubio does not...
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The Never Trumpers: Sore Losers With Thin Skins
Emerald Robinson recently wrote a witty piece for The American Spectator puncturing the pomposity of the Never Trump wing of the conservative movement. At least one member of that wing, the thin-skinned Jonah Goldberg, now the holder of the “Asness Chair in Applied Liberty at the American Enterprise Institute,” was not amused, and he let...
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Emerging Majority?
It is reported that when British General Cornwallis surrendered to George Washington at Yorktown, thus effectively ending the War of Independence, his regimental band played a tune called “The World Turned Upside Down.” As we approach the end of the second Christian millennium, one begins to wonder if the band was not just a bit...
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A Necessary Realignment
As I write on the morning of Super Tuesday, March 1, the Republican establishment is in hysterics. The writing is on the wall. By the end of the day, Donald Trump will have all but sewed up the 2016 Republican nomination for president. And I write those words confidently, even though voting has just begun...
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Judging Judge Gorsuch
A guide to the Neil Gorsuch nomination uproar: If you want the federal government to exercise greater and greater power over daily life in America, with minimum backtalk from us, the people, you deplore the prospective elevation of Neil Gorsuch to the U.S. Supreme Court. If, by contrast, you regard the expansion or contraction...
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Jefferson’s Cousin
There are probably more judicial biographies of Supreme Court Chief Justice John Marshall than of all the rest of the Supreme Court justices combined, so why another one? R. Kent Newmyer, historian and law professor at the University of Connecticut School of Law, undertook to write a work that would not mirror the standard hagiographical...