“Much law, but little justice.” —Thomas Fuller With five votes around here you can do anything,” Justice William Brennan told his law clerks, thus summarizing the quintessence of Brennanism. That constitutional law is not something derived from the text, structure, and history of the various provisions of the Constitution but rather a creation of the...
In recent years, American politics has been preoccupied with moral questions, or what are now called “social issues”: sexual immorality, sodomy, abortion, pornography, and recreational drugs. Some conservatives want the federal government to play a role in opposing these evils. Many libertarians, on the other hand, want the government, state and federal alike, to treat...
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.
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....
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...
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...
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...
“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...
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...
“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...
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.
Many years ago, as the luncheon speaker at a meeting of the John Randolph Club in Rockford, Illinois, Tom Sheeley gave a thought-provoking lecture interspersed with a splendid performance of classical guitar. His main theme was the need for form in art; and all these years later, one line stands out in my memory: “What...
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 ...
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...
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.
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...
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...
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...
Short reviews of Tearing Us Apart, by Ryan T. Anderson and Alexandra DeSanctis, and Dollars for Life, by Mary Ziegler.
Faithful Roman Catholics are routinely criticized (this book is no exception) for their unwillingness to condone the use of contraception. Although it is commonly believed that opposition to contraception is unique to Catholic doctrine, it was only recently that Protestants gave up the same fight. As recently as the 40’s and 50’s, the Anglican C.S....
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...
Short reviews of Dollars for Life, by Mary Ziegler, and The Encyclopedia of Confederate Generals, by Samuel W. Mitcham, Jr.
The ideology of feminism makes otherwise good and decent people support the murderous practice of abortion.
The red wave appears to be coming back. It is probable that toss-up races will break Republican. Republicans consistently lead Democrats on the generic congressional ballot.
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...
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...
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...
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...
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...
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.
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...
Since the time of the Founding Fathers, Protestantism appeared to be the default religion in the United States. At the end of World War II, when the United States began to enjoy superpower status, Mainline Protestantism (comprising the older denominations that sprang from the Reformation) began to drift away from its moorings. Then, in the...
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...
Democrats are desperate to make the election a referendum on Dobbs. Trump is right to refuse to resist that.
Last November, South Dakota’s pro-life community was a united force. Conditions had changed significantly by the end of February, when the effort to ban almost all abortions in the state suffered its second major defeat in less than four months, this time through the votes of eight state senators who killed a bill in committee...
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...
A society that treats the death of the unborn son of Scott Peterson at the hands of his father as an unspeakable crime but would have licensed his death at the hands of his mother will eventually be forced to confront its own incoherence.
Judge Brett Kavanaugh’s nomination to the Supreme Court was approved on an 11-10 party-line vote Friday in the Senate Judiciary Committee. Yet his confirmation is not assured. Sen. Jeff Flake, Republican of Arizona, has demanded and gotten as the price of his vote on the floor, a weeklong delay. And the GOP Senate has agreed...
Michael McConnell, to use the overworked metaphor, is the “poster boy” for the Senate Democrats’ attempts to frustrate President Bush’s promise to appoint more Supreme Court justices like Antonin Scalia and Clarence Thomas. Scalia and Thomas are the two current justices who have most closely embraced a jurisprudence faithful to the understanding of the Framers,...
“Once that picture with the blackface and the Klansman came out, there is no way you can continue to be the governor of the commonwealth of Virginia.” So decreed Terry McAuliffe, insisting on the death penalty with no reprieve for his friend and successor Gov. Ralph Northam. Et tu, Brute? Yet Northam had all but...
Last week I was busy preparing for the upcoming meeting of the John Randolph Club in Cleveland. But on Wednesday of that week, I came across an item promoting another event being held in Cleveland on the Friday the Randolph Club began that I knew I needed to attend. This event was a Mass to...
By the time you read this, “the most important election of our lifetime” will be headed for the history books. If the last six most important elections of our lifetime are any indication, however, we will once again have a chance to vote in the most important election of our lifetime in 2020. Or perhaps...
The indifference of Catholic elected officials to Church teachings is so common that it rarely attracts attention, but there are occasional exceptions. When at least five fervently pro-abortion politicians took Communion at papal Masses this April, from the hands of the Pope’s representative to the United States, even the New York Times and the Washington...
“Demography is destiny,” sociologists and demographers tell us. No. Morality is destiny. Demography stems from that, as does economics. Americans now are learning that lesson the hard way. Tax rates, debt, deficits, trade policy, monetary policy, government spending, and other factors all affect economic growth and prosperity. But they’re all trumped by demographics—and above that,...
“(T)here is nothing either good or bad, but thinking makes it so,” said Hamlet, who thereby raised some crucial questions: Is moral truth subjective? Does it change with changing times and changing attitudes? Or is there a higher law, a permanent law, God’s law, immutable and eternal, to which man’s law should conform? Are, for...
Many conservatives have become disenchanted with national politics. This disenchantment is understandable. Strong support for Republicans seeking the White House and seats in Congress has done little to conserve the type of society most of those voting Republican wanted to conserve. By almost any measure, American society has moved steadily leftward in recent decades. Social...
During the Republican presidential debate on May 15, Ron Paul, the constitutionalist from Texas, flatly stated that the terrorist attacks on September 11 were retaliation for U.S. foreign policy in the Middle East. Rudy Giuliani shot back a mendacious rejoinder: “That’s an ...
Eunice Kennedy Shriver died less than two weeks before her brother Edward, beginning a month of tributes to the Catholic left’s first family that reached a crescendo when Senator Kennedy was laid to rest. But there was a difference between the two Kennedy siblings that was seldom mentioned in the encomiums: Mrs. Shriver’s Catholic liberalism...
In a way, Donald Trump might be called The Great Uniter. Bear with me. No Republican president in the lifetime of this writer, not even Ronald Reagan, united the party as did Trump in the week of his acquittal in the Senate and State of the Union address. According to the Gallup Poll, 94% of...
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...