In reporting an infant mortality increase in Texas in the wake of the Dobbs decision, the newspaper suggests it would have been better had these children never been born.
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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...
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...
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...
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...
The Left Has Been Doing ‘Oppo Research’ on Conservative Justices for Years
Leftist “opposition researchers” are relentlessly concocting ethics complaints about the Supreme Court’s conservative justices to try to get them to resign or recuse themselves.
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...
Biden Pins His Hopes on Abortion
Democrats are desperate to make the election a referendum on Dobbs. Trump is right to refuse to resist that.
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...
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,...
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...
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....
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.
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...
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...
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.
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.
John Roberts Is Responsible for the High Court’s Self-Delegitimization
Roberts has a history of prioritizing—in ham-handed and self-aggrandizing fashion—what he believes to be the judiciary’s integrity.
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....
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...
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.
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...
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...
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.
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...
“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...
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...
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...
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 ...
“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...
Abortion’s Triple Crown
For four decades now, pro-life voters have been wedded to the national Republican Party by the vows of politicians whose actions, upon election, have proved that they had no intention ever of fulfilling them. Every two or four or six years, they would swear to defend the lives of the unborn, and then, after taking...
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.
Marriage and the Law
The Massachusetts Supreme Judicial Court’s 4-3 ruling, in Goodridge v. Department of Public Health, that the Massachusetts constitution—if not the federal Constitution—requires the state to allow same-sex marriages has thrown nearly everyone into a good old-fashioned tizzy. The Massachusetts court somehow discovered that it was “arbitrary” and “capricious” and therefore legally impermissible to limit the...
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...
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...
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...
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...
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...
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...
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...
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...
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...
Winter of Our Discontent
As fall turned into winter, there were unmistakable signs of paleoconservative dissatisfaction with President Trump. In various forums, several paleoconservatives expressed displeasure that Trump had surrounded himself with unrepentant Bush Republicans and neoconservatives; that he was listening too much to his daughter Ivanka and her husband, Jared Kushner, who may be even further to the...
God, Man, and Family
The first chapter of the Bible forms the basis of the Christian understanding of the nature and dignity of man—and woman: “So God created man in his own image, in the image of God created he him, male and female created he them” (Genesis 1:27). The next verse contains the first command given to the...
Getting Back to Nature
“Human rights are fictions—but fictions with highly specific properties.” —Alasdair MacIntyre In 1960 John Courtney Murray, S.J., warned of the possibility that America was slipping into a new barbarism. In his best known work, We Hold These Truths, Father Murray said that barbarism “threatens when men cease to talk together according to reasonable laws.” Argument...
From One Assault on the Constitution to Another
The U.S. Constitution has few friends on the right or the left. During the first eight years of the 21st century, the Republicans mercilessly assaulted civil liberties. The brownshirt Bush regime ignored the protections provided by habeas corpus. They spied on American citizens without warrants. They violated the First Amendment. They elevated decisions of the...
Trump Dumps the Do-Nothing Congress
Donald Trump is president today because he was seen as a doer not a talker. Among the most common compliments paid him in 2016 was, “At least he gets things done!” And it was exasperation with a dithering GOP Congress, which had failed to enact his or its own agenda, that caused Trump to pull...
GOP Nuclear Plan
Some republicans object to using the term nuclear option to describe their plan to end filibusters on the Senate floor during confirmation hearings, but the image of total war is a fitting one for the possible direction of the “upper chamber” these days. The 11th-hour compromise between the squishes in both parties will only serve...
Remembering Learned Hand
The name Learned Hand may not leap readily off the tongue if one were asked to list the conservative luminaries of the 20th century. Few people today outside the legal profession have any idea just how profound his influence as a jurist was and continues to be more than half a century after his death. His...
Powers, Principalities, Spiritual Forces
In Ephesians 6, the Apostle Paul writes, “We wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places” (6:12). Political scientist and lay theologian Jacques Ellul went beyond the usual interpretation of these “spiritual forces” as demons to see...