After serving for more than three decades on the U.S. Supreme Court, Chief Justice William Rehnquist died on Saturday, September 3, at the age of 80, having lost his battle with thyroid cancer. With Justice Sandra Day O’Connor’s recent announcement of her retirement, there are now two vacant seats on the Court. Just over a...
315 search results for: Roe+v.+Wade
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Angels to Govern Us
“If men were angels,” James Madison wrote, “no government would be necessary.” Or, “if angels were to govern men, no controls on government would be necessary.” Madison believed that men are about as good as they can ever be, and since no angels are available to rule, we need checks and balances. Thomas Jefferson added...
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Abortion: Fetus Liberation Fronts
It is hard to see that much good has ever come from any of the various declarations of the rights of man. Such a declaration did not save the French from either Robespierre or Napoleon, and the constitution of the defunct USSR practically glows with liberal enthusiasm for human rights. For some strange reason, though,...
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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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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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Abortion’s Other Victims
The ideology of feminism makes otherwise good and decent people support the murderous practice of abortion.
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Is the Red Wave Back?
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.
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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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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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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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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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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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USA Today’s Shoddy Statistical Analysis and Even Shoddier Morality
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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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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Protestantism, America, and Divine Law
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...
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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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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.
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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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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...
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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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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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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...
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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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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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A Generation in Need of Editing
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...
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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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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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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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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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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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“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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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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Acting Up
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....
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The Fourth Choice
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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Tyranny In a Good Cause
Democracy or Republic? might well be the title of the D debate between liberals and conservatives on the nature of the American political system. (In the view of some liberals, the easiest way to spot a conservative is the habit of referring to America as a republic.) Democracy, in the strict procedural sense of one...
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Conservative Credo: Abortion Rights
ABORTION AS SELF-DENIAL In a rationalist system of ethics, every basic principle must be stated in universal terms in which “I” am denied a privileged perspective. I may not, for example, make rules that apply to everyone but me–only the Congress of the United States is free to do that. If I advocate an unrestricted...
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Fighting Drugs, Taking Liberties
In the early 1980’s, the Reagan Justice Department announced a far-reaching “war” to free the United States from illicit drug use. There was skepticism at the time that government actions could cause such a fundamental change in entrenched public attitudes and behaviors, and there were different views about the means by which such a war...
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Gay Marriage, Before the Ruling
Justice [Antonin] Scalia: [W]hen did it become unconstitutional to exclude homosexual couples from marriage? 1791? 1868, when the Fourteenth Amendment was adopted? . . . Has it always been unconstitutional? . . . You say it is now unconstitutional. [Theodore Olson, attorney arguing that Proposition 8 is unconstitutional]: Yes. Justice Scalia: Was it always unconstitutional?...
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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...
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The Surveillance State Turns Twenty
Fifty-three years ago, in the fall of 1968, I was among a gaggle of idealistic first-year students sitting in a classroom at the Harvard Law School, where a crusty old professor advised us to study international law. In that discipline, “the dew was still on the grass,” he said. In those days, when many budding...
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The Future of the Christian Right
Like a cold front, you could feel the defeat coming; and you did not need Dan Rather or George Gallup to prepare you. You knew it in your bones as you listened to the sound bites on the evening news: Clinton saying nothing and saying it well; Dole saying nothing and saying it poorly. It...
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Conservative Credo IV: The Abortion Debate
The Abortion Debate In the 20th century the most powerful and difficult transitions in human life have been turned into political war zones in which the different sides routinely invoke the power of government to establish and enforce their points of view. Few debates have been so heated as those involving the decision to terminate...
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Trump Shows Conservatives How to Win Again
The “blackpillers” who doubted Trump have been chastened and those who remained loyal and steady are having the last laugh.
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Putting the Law in Lawrence
Though America’s academics tend to the dyspeptic and hypercritical, on one day this past year, the campus mood was extraordinarily sunny. This past June, the U.S. Supreme Court handed down its decision in Lawrence and Garner v. Texas, declaring unconstitutional a law prohibiting homosexual conduct. In the eyes of most academics, Lawrence represented an act...
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Does America Have a Future?
On Monday, Oct. 5, our occasional contributor James G. Jatras gave a lecture at the Institute of European Studies in Belgrade entitled “Does America Have a Future? Options Before a Declining Hegemon.” He presented a complex and rather bleak picture of America’s condition to an audience of some 30 scholars and analysts from Serbia’s leading research...
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Pro-Life: The Political Disadvantage
Pro-life Republicans must somehow convince their opponents that opposition to abortion is a deeply held belief about human life—not an attack on women.
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A Methodist Revival
Methodism, America’s third-largest religious denomination, eagerly embraced the Social Gospel nearly a hundred years ago. It supported labor unions, civil rights, and a moderate welfare state. By the 1960’s, the church was supporting Third World revolutions and abortion rights, while opposing school prayer and U.S. military defense efforts. Not surprisingly, Methodist theology became as wacky...
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Unholy Dying
“In the midst of life we are in death.” The old Prayer X Book’s admonition has never been more true or less understood than it is today. Modern man, despite his refusal to consider his own mortality, is busily politicizing all the little decisions and circumstances that attend his departure. Death penalty statutes, abortion regulations,...
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For the Children
“I figured if he was there, I’d make sure he wasn’t there [again],” Harlan Drake, a 33-year-old truck driver, told Det. Sgt. Scott Shenk of the Shiawassee County Sheriff’s Department. But on the morning of September 11, 2009, James Pouillon was there, sitting across the street from Owosso High ...
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Our Inner Mason-Dixon
About a hundred years before the Civil War, two British surveyors, Jeremiah Mason and Charles Dixon, with a crew of ax-men, marked out 270 miles of wilderness. They set a stone at every mile, and another grander one embossed with the arms of the Penn and Calvert clans every five miles. The resulting map pacified...