Tom, I’m pretty optimistic about the lawsuit filed by Notre Dame and 42 other Catholic organizations. Filing essentially the same case in multiple federal district courts increases the possibility of getting the right result out of at least one, and getting mixed results will kick this issue up to the Supreme Court. So it seems likely...
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Two Centuries of Resolve
This year is the bicentennial of the Virginia and Kentucky Resolutions of 1798, the foremost formulations of the compact theory of the United States Constitution. By 1798, the Republicans faced an 11-year losing streak. Federalism had reigned supreme in American politics from the end of the Revolution. Even before the institution of the government of...
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Doll Studies
In 1954, the Supreme Court held in Brown v. Board of Education that the state-sponsored segregation of children in public schools was a violation of the Equal Protection Clause of the 14th Amendment, and thus unconstitutional. The Court reasoned that segregation “generates a feeling of inferiority . . . that may affect their [black children’s]...
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Justice for Tommy
Harvard’s Cass Sunstein recently complained that conservatives’ slippery-slope arguments about the left’s latest push to codify and enforce radical equality are intellectually “lazy.” Sunstein and his followers give the example of conservative opposition to gay marriage, which often includes the observation that “the Supreme Court shouldn’t force states to recognize same-sex marriages because, if it...
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Eisenhower, Nixon, Ford, Reagan, Bush, Bush
Thank God for Republican presidents who appoint strict constructionists to the U.S. Supreme Court. Otherwise, the Court today might have upheld ObamaCare.
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Hillary vs. The Donald
In a Hillary Clinton vs. Donald Trump race—which, the Beltway keening aside, seems the probable outcome of the primaries—what are the odds the GOP can take the White House, Congress and the Supreme Court? If Republicans can unite, not bad, not bad at all. Undeniably, Democrats open with a strong hand. There is that famed...
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Sex and Marriage in San Francisco
The California Supreme Court, in striking down the state’s ban on same-sex “marriage,” has issued a declaration of independence from the human race. Progressives have inevitably compared it to the legalization of interracial marriage, but the same progressives just as inevitably will hail the legalization of cross-species marriage as the next giant step for mankind. ...
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Happiness in Chernobyl
The lives of the babushkas in Chernobyl are evidence that God exists everywhere, and that while destruction can often reign supreme, creation, however small, affirms our propensity for the good.
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Boogaloo Down Broadway: The Charade of Liberal Change
Here it is 2008, and everything else is old news. The provisional and absentee ballots, recounts, scores, and statistics of 2000-2007 are all in the history books, along with Afghan and Iraqi elections and constitutions, insurgencies, hurricanes, disgraced mayors and governors, and Supreme Court, lobbying, earmark, wiretapping, and energy and cartoon ruckuses. Since Barack Obama...
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Sobering Up With SSM
Same-sex marriage still does not exist. Yes, the Supreme Court of the United States issued an opinion, 5-4, covering Obergefell v. Hodges and three other cases, which effectively makes “same-sex marriage” the law of the land. But five “justices” or 50 million Facebook “likes” cannot change what is woven into the fabric of creation. Of...
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Our Constitution and Theirs
We here at Chronicles are Constitutional Fundamentalists. We swear allegiance to the Constitution of Hamilton, Madison, and Jay, and not the Constitution of Warren, Brennan, and Souter. We do not believe that the Constitution is a “living document” that must be altered by successive Supreme Court justices to keep pace with the times. The Constitution...
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Change and Its Consequences
Last October I journeyed to Moscow by invitation for a conference on conversion from military to civilian production. Upon arrival, my colleague, Professor Constantine Danopoulos of the political science department at San Jose State University, and I were informed that the meeting had been shifted to December to coincide with the Congress of the Supreme...
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World War III With China: How It Might Actually Be Fought
[This piece has been adapted and expanded from Alfred W. McCoy’s new book, In the Shadows of the American Century: The Rise and Decline of U.S. Global Power.] For the past 50 years, American leaders have been supremely confident that they could suffer military setbacks in places like Cuba or Vietnam without having their system...
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Look to the Altar, Not the Throne
The Supreme Court granted injunctive relief to houses of worship previously closed under New York Gov. Andrew Cuomo’s restrictions on public gatherings. Justice Neil Gorsuch chided the governor for his “color-coded executive edicts that reopen liquor stores and bike shops but shutter churches, synagogues and mosques.” This is a tremendous step toward the restoration of order...
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Naked in the Public Square
The recent battle over the removal of a 5,280-pound monument to the Ten Commandments placed in the lobby of the Alabama Supreme Court by Chief Justice Roy Moore has deep religious and civil roots stemming from the Protestant Reformation and provides an excellent historical study of religion, law, and public policy in America. Two recent...
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Is a New US Mideast War Inevitable?
In October 1950, as U.S. forces were reeling from hordes of Chinese troops who had intervened massively in the Korean War, a 5,000-man Turkish brigade arrived to halt an onslaught by six Chinese divisions. Said supreme commander Gen. Douglas MacArthur: “The Turks are the hero of heroes. There is no impossibility for the Turkish Brigade.”...
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Hands Off Honduras!
Last Saturday, Honduran soldiers marched into the presidential palace, bundled up President Manuel Zelaya and put him on a plane for Costa Rica. The ouster had been ordered by the Supreme Court and approved by the Congress, as Zelaya was attempting an illegal referendum to change the Honduran constitution so he could run for another...
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Title X Funds
Title X funds to “family planning” clinics that dispense abortion counseling were prohibited last summer as a result of the Rust v. Sullivan U.S. Supreme Court decision, which single-issue organizations indignantly denounced. It is ironic that the very people who claim that government should stay out of abortion decisions are the very same people who...
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Why Is Japan Dying?
It’s Jan. 22, 2016, the 43rd anniversary of the Roe v. Wade abortion decision by the U.S. Supreme Court that has killed more than 60 million babies here. But this year, let’s turn to Japan. Fortune magazine ran an article titled, “Why Japan’s Economic Troubles Should Worry the U.S.” It warned that the world’s third...
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Parochial Formalism
Justice Hugo Black remains something of an anomaly in the history of the Supreme Court. A textualist who was contemptuous of the arbitrary mysticism of substantive due process, he nevertheless advocated the most extreme position on the issue of incorporating the Bill of Rights against the states through the 14th Amendment, a revolutionary doctrine that...
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Keeping Up the Fight Against Tyranny
My article “The New Resistance Is Rising” appeared on Intellectual Takeout on Dec. 1, 2020. Since then, we’ve seen even more evidence of fraud in November’s presidential contest, the Supreme Court and other lower courts have refused to look at the evidence of this fraud, and the left will likely take control of our federal government. Should Joe...
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What Is History? Part 36
What are people for? —Wendell Berry We shouldn’t care a bit who occupies 1600 Pennsylvania Avenue. Who musters a majority on Capitol Hill (it is, after all, merely a “hill”), nor who warms the benches of the Supreme Court. If we concern ourselves with what happens in Washington, we give credence to their fatuous claim...
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Vote for Romney (And Hope He Keeps his Promises)
On Monday, the Supreme Court in Arizona v. United States struck down three of four challenged provisions of Arizona’s S.B. 1070, eliminating the law’s penalties and therefore leaving a shell of the former law in place. Not satisfied with this overwhelming victory, the Justice Department has helpfully set up a hotline for Arizona citizens who feel their “civil...
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The Fear of the Original
The demands of life are endlessly self-contradictory. It is a supreme compliment in intellectual life, for example, to be called original; but it can be alarming to discover something—so alarming that people have been known to turn tail and run when they do. To take a philosophical instance: Leibniz, as Bertrand Russell tells in his...
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Humanity Lite
Since the 60’s, liberals have been talking about “victimless crimes,” offenses that are prosecutable by law but that liberals claim “hurt no one.” Prominent among these were homosexual encounters, which over the next several decades were decriminalized by most states and eventually recognized by the U.S. Supreme Court as acts of love, and finally conjugal...
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Courage in the Face of Tyranny
A Man For All Seasons is a film for our time. In this classic period drama, Sir Thomas More (Paul Scofield), a brilliant writer and intellectual and former Lord Chancellor of England, refuses to approve Henry VIII’s marriage to Anne Boleyn, rejects his decision to break with Rome, and recognize the king as the Supreme Head...
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80th Annual Convention
When the 80th annual convention of the NAACP gathered in solemn conclave in Detroit last July, the delegates listened approvingly to Executive Director Benjamin Hooks’ call for “civil disobedience on a mass scale that has never been seen in this country before.” Mr. Hooks was upset that the Supreme Court recently delivered itself of some...
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Following Affirmative Action’s Demise, Slay the DEI Leviathan
Following the Supreme Court's overturning of higher education affirmative action, there have been a rapid succession of righteous pushbacks against the academic commissars who collectively comprise America's DEI regime.
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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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Is Putin the New King of the Middle East?
“Russia Assumes Mantle of Supreme Power Broker in the Middle East,” proclaimed Britain’s Telegraph. The article began: “Russia’s status as the undisputed power-broker in the Middle East was cemented as Vladimir Putin continued a triumphant tour of capitals traditionally allied to the US.” “Donald Trump Has Handed Putin the Middle East on a Plate” was...
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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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Continuing Legal Education
Continuing legal education is imposed on lawyers by the Missouri Bar Association and the Missouri Supreme Court, and right before the November election I took a day to fulfill the requirements. The only CLE show in town at the time was a seminar presented by the Missouri Association of Trial Attorneys on using a vocational...
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Big Brother, Little Sisters
When Sonia Sotomayor decided, in the last hours of the last day of last year, to issue a temporary stay on the enforcement of the ObamaCare contraception mandate, she surprised a lot of people, but likely no one more than the man who had appointed her to the U.S. Supreme Court. Barack Obama prefers his...
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Dreams of My Daughters
President Barack Obama surprised even battle-hardened pro-life Americans with his official remarks on the 39th anniversary of Roe v. Wade, the Supreme Court decision that has, since 1973, littered garbage dumps across America with the corpses of 50 million babies, 32 percent of them African-American. In a White House press ...
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Terminating an Unwanted Parentcy
IN THE SUPREME COURT OF THE UNITED STATES On Writ of Certiorari to the Court of Appeals June 21, 2017 Justice Breyer delivered the Opinion of the Court. Sheila X is a single woman living in San Diego. Shortly after giving birth to a child, she received her Law School Admission Test scores. ...
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Sociological Balderdash
The Supreme Court’s recent Casey decision on abortion is a memorable example of sociological balderdash. The joint decision began, “Liberty finds no refuge in a jurisprudence of doubt,” to which Justice Scalia fired back in his dissent, “Liberty finds no refuge in this jurisprudence of confusion.” Scalia’s observation becomes painfully clear when one reads the...
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Guns Incorporated?
The U.S. Supreme Court has agreed to review McDonald v. City of Chicago, a case that presents the watershed issue of whether the individual right to bear arms under the Second Amendment, established in 2008 in District of Columbia v. Heller, applies to states. Most Court observers agree that it appears very likely that the...
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A Badge of Honor
This is for you writers out there: if you’re not canceled, you’re no good. The good Dr. Seuss is out, as is Supreme Court Justice Clarence Thomas; Adolf Hitler is still in, although I can’t say the same for William Shakespeare. Everyone who is anyone is getting canceled, so I was glad to see Captain Cook...
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R.I.P. Antonin Scalia
The case called Planned Parenthood v. Casey was decided by the U.S. Supreme Court in 1992. At the time there was some thought that it might be the vehicle for overturning Roe v. Wade, the 1973 case that made abortion a constitutional right. But Casey only made things worse: it reaffirmed Roe, and added an...
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Franklin Pierce and the Fight for the Old Union
If Franklin Pierce is remembered at all today it is as an inept, do-nothing President whose only accomplishment was to sign the Kansas-Nebraska Act of 1854. Historians generally cite this bill, along with the 1857 Supreme Court decision in the Dred Scott case, as evidence of the aggressive designs of the South to extend slavery...
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There’s No Right to Sleep Outdoors
Supreme Court arguments on Monday suggest the Court will rule 6-3 or 5-4 that municipalities can ban sleeping on public property. The ruling will affect the entire nation.
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It’s Been a Long Time Comin’
Not surprisingly, the U.S. Supreme Court seems to be saving the worst for last as it releases its decisions for the 2014 term. A ruling on challenges to bans on homosexual “marriage” in Ohio, Tennessee, Michigan, and Kentucky was not among the decisions handed down on Monday, June 22, and while the Court may hand down...
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Of Death and Diapers
Our Endangered Children: Growing Up in a Changing World by Vance Packard; Little, Brown; Boston. Who Will Take the Children? A New Custody Option for Divorcing Mothers—and Fathers by Susan Meyers and Joan Lakin; Bobbs-Merrill; Indianapolis. Secular liberalism is the supreme doctrine of the sovereign self. As such, its failures are particularly obvious at the...
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Something Rotten in the State?
When does a political deal become a bribe? At the 1952 Republican National Convention, California’s favorite son, Gov. Earl Warren, released his delegation reportedly in return for Ike’s promise that he would give Warren the first open seat on the Supreme Court. In September 1953, Chief Justice Fred Vinson dropped dead of a heart attack....
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The Court Saves the Day—For Insurance Companies
On June 25, 2015, in a 6-3 decision, the U.S. Supreme Court saved ObamaCare once again. Appropriately, Chief Justice John Roberts, who wrote the first opinion saving ObamaCare (see “Earl Warren Rides Again“), authored the latest one as well. The case involved the federal subsidies received by those who purchase health insurance through ObamaCare. The...
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The Smoke of Satan
Before Vatican II, the Roman Catholic Church appeared to be a fortress against the raging tide of modernity, a supremely self-confident institution that attracted converts of the caliber of Evelyn Waugh, G.K. Chesterton, Ronald Knox, and Christopher Dawson. After Vatican II, the Church’s attitude toward modernity changed, vocations dried up, and entire countries came close...
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The Court and Marriage
Well. I really can’t believe I am saying this. The U.S. Supreme Court is poised to tell us what marriage means. Not speculate; not explain. Tell: as in, “Wipe that smile off your face and listen to what I’m telling you.” We are at a remarkable moment in human affairs: one we would hardly have...
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The Mystery of Gay Marriage, Solved
The U.S. Supreme Court, in a 5-4 decision, has struck down all remaining state bans on gay “marriage.” The decision was authored by Justice Anthony Kennedy, a putative Catholic and a Republican appointee. That such a decision was coming should have surprised no one; the only question was how far-reaching that decision would be. Just...
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Disenfranchising the Deplorables
If not for the COVID-19 pandemic, it is likely that Donald Trump would have won reelection. He achieved a growing economy that was seeing more wage gains at the bottom than the top, he refused to start another foreign war, and he appointed three Supreme Court justices and nearly a third of all active federal...
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Defending Marriage
Over at Crisis Magazine, I’ve offered up some thoughts on “Taking Back Marriage” that echo a piece I wrote for Crisis in June 2013 (“Where Do We Go From Here?“), when the U.S. Supreme Court last weighed in on the subject of gay “marriage.” Two years ago, my proposed solution—that the churches, led by the...