The Boy Scouts of America have recently been accused of sins against Democracy, in the form of discrimination against atheists, homosexuals, and women. Four recent lawsuits have challenged the organizational prerogatives of the Scouts. The families of nine-year-old twins Michael and William Randall of Anaheim, California, and eight-year-old Mark Welsh of Chicago are suing to...
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Raoul Berger, R.I.P.
On September 23, we lost one of the great jurisprudential fighters for Truth, Justice, and the American Way. Berger, late Charles Warren Senior Fellow at Harvard University, former professor of law at the University of California’s Boalt Hall, one-time second concertmaster for the Cincinnati Symphony Orchestra, died at the age of 99. Berger’s career as...
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Striking Back
Fathers are striking back in the cultural war over abortion. As a slogan, “abortion rights” has translated into the woman’s absolute prerogative to abort her unborn child. It is not only the interests of the child that are brutally crushed by this “right”; the desires of fathers—even married fathers—have also been brushed aside as irrelevant...
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A World Safe for Stalinism
Long ago, a British veteran of World War II offered this sober moral judgment on the war: It was just such a sunny, breezy Mediterranean day two years before when he read of the Russo-German alliance, when a decade of shame seemed to be ending in light and reason, when the enemy was plain in...
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The Rule of Lawfare
Lawfare is the manipulation of the legal system to get Donald Trump. But more broadly, it's the use of existing law, in a manner not intended by its framers, to neutralize or destroy enemies of those in power.
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Living in French in the St. Lawrence Valley
Our little house of wood, a century old, nestles in the countryside in the county of Lotbinière, somewhat to the south of the city of Quebec. There I live with my husband and our five children. Last fall, as my husband and I piled cords of wood in the cellar of our little house, I...
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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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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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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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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 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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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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‘War Between the States’
Judge John Roberts can rest assured that his Supreme Court confirmation will go very smoothly, judging from the weak 11th-hour attacks the left is mounting against him in the media. A “shocking” discovery about his record appeared in an August 26 report in the Washington Post that took issue with a phrase Roberts used while...
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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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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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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 release praising the landmark case...
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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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Conservatives Back Gay Marriage
A great deal of ink is being spilled on the two Supreme Court cases taking up same-sex marriage, but the effect is rather like the ink released by a cuttlefish to cloud the vision of its enemies. To anticipate my conclusion, let me go on record as saying that family-values conservatives have done vastly...
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Art
Léger Peter de Francia: Fernand Léger; Yale University Press; New Haven, CT. During the fabulous, legendary, supreme outburst of artistic creativity that occurred during the first three decades of this century, concentrated in Europe between Vitebsk and Pyrenees and called “avant-garde” (or the School of Paris, modern abstraction, fauvism, cubism, futurism, expressionism, constructionism, suprematism, surrealism,...
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Global Challenges in 2017
In terms of any traditionally understood calculus of national security, the United States is the most invulnerable country in the world. America is armed to the teeth, sheltered on two sides by oceans, and supremely capable of projecting her power to the distant shores. Unlike Russia, China, and India, she has no territorial disputes with...
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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...
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SCOTUS hateus
There are some real stunners in today’s convoluted ruling from the Supremes regarding Arizona v. United States. Here are some of my favorites: “As a general rule, it is not a crime for a removable alien to remain in the United States.” “Federal governance is extensive and complex.” “Removal is a civil matter, . . . ” . ....
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Sex and Marriage in San Francisco
The California Supreme, in a recent decision striking down the state’s ban on same-sex “marriage,” has issued a declaration of independence from the human race. Progressives have inevitably hailed this latest break-through, comparing it to the legalization of inter-racial marriage, but the same progressives just as inevitably will hail the inevitable legalization of cross-species marriage...
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The Beauty of Holiness: Building for Eternity—December 2005
PERSPECTIVE The Beauty of Holinessby Thomas Fleming Fixing our gaze. VIEWS The Romantic Reactionby Joseph PearceTranscending the divide. The Loving Lookby Hugh Barbour, O.Praem.A cure for the epicure. Conservatism as Medicineby Claude PolinNature versus the state of nature. Pugin and the Gothic Dreamby James PatrickTheology in the architecture. NEWS Did the Supreme Court Destroy Property...
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To Catch a Terrorist
The watershed U.S. Supreme Court decisions Roe v. Wade and Doe v. Bolton, we are told, “empowered women” to control their lives. In reality, they empowered the Police State and set the U.S. Imperium on a trajectory where it not only could deny the personhood of the unborn but could legally classify whole groups of...
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Comparable Worth?
“On the whole, the home remains the supreme cultural achievement of women.” -Georg Simmel Elisabeth Griffith: In Her Own Right: The Life of Elizabeth Cady Stanton; Oxford University Press; New York. Kathleen Brady: Ida Tarbell: Portrait of a Muckraker; Seaview/Putnam; New York. Near the turn of the century Charles Peguy, alarmed by the advance of secularism in the modern...
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DUE PROCESS: FROM JOE FRIDAY TO JACK BAUER—May 2008
PERSPECTIVEBeastie Boysby Thomas Fleming VIEWSFederales, Gringo Styleby Roger D. McGrathThe exponential growth of federal police. Do We Want a Federal Police Force?by William J. QuirkThe Supreme Court and Congress versus the people. Jack Bauer, Agent of Anarcho-Tyranny, U.S.A.by R. Cort KirkwoodAmerica’s most wanted. NEWSThe Surge “Success”by Ted Galen CarpenterTriumph of hope over experience. REVIEWSTowers of...
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Sophistory
Two thousand fifteen was the year that we Americans broke history. By “breaking history,” I do not mean something like “breaking news,” or “breaking records,” or even “breaking the Internet” (though the Internet certainly played a role). Yes, the “historic moments” of the Summer of #LoveWins and #HateLoses—the U.S. Supreme Court’s decision in Obergefell v....
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The Importance of Being Mean
The three pillars of liberal morality are engagement, compassion, and inclusiveness; its corresponding demons apathy, hatred, and exclusiveness. The shorthand word for the three cardinal virtues is niceness; for the three supreme vices, meanness. Nice is a word familiar among middle-middle class Americans, who have been liberalized whether they know it or not: the sort...
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What has Happened to Masculinity in 21st Century?
On Saturday morning, September 22, I switched on Fox News and there witnessed a gaggle of five garrulous women, all talking at the same time, all vacuous and empty headed, and all saying basically nothing—a so-called “panel” discussing the nomination of Judge Brett Kavanaugh to the Supreme Court and the last-minute and largely-unfounded accusations hurled...
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The Spanish Civil War and the Battle for Western Civilization
After a lengthy legal battle concluded in September, Spain’s Supreme Court gave its approval to the socialist government’s plans to exhume and remove the remains of General Francisco Franco from the Valley of the Fallen, where they have lain since his death in 1975. The controversial general led Spain’s Nationalist forces to victory over their...
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Ten Days That Shook the Presidency
What a difference a week can make. Saturday, Sept. 26, was among the best days of the Trump presidency, or so some of us thought watching the president introduce in the Rose Garden his sterling candidate for Ruth Bader Ginsburg’s seat on the Supreme Court. The academic and professional credentials of Amy Coney Barrett, 48,...
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Affirmative Agitprop
The University of Michigan is now the scene of the most important battle over affirmative action since the Bakke case at Stanford, settled so inconclusively some 25 years ago by the Supreme Court. There is absolutely no question that Ann Arbor’s undergraduate and admissions policies are based on a principle of racial preference that, in...
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Peaceable Kingdoms
“The consent of all nations is the law of nature.” —Cicero On the Law of Nations is a powerful brief in favor of what the United States Supreme Court in 1900 declared to be “the customs and usages of the civilized world.” (In Paquete Habana, the highest court declared international law to be “part of...
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Putin’s Got Problems, Too
Before the first Trump-Biden debate, moderator Chris Wallace listed the six subjects that would be covered: The Trump and Biden records, the Supreme Court, COVID-19, the economy, race, and violence in our cities, and the integrity of the election. According to a recent Gallup survey, Wallace’s topics tracked the public’s concerns—the top seven of which...
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On Segregation and Education
I enjoyed Samuel Francis’s lucid analysis of the 1954 Supreme Court decision, Brown v. Board of Education (“Forty Years After,” May 1994), but I take exception to his argument that “the only feasible moral defense of the Brown decision today is not that it replaced force with freedom, but that it replaced one kind of...
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Outgrowing the Past
When the U.S. Supreme Court ruled in the case of Kelo v. City of New London, a chill wind blew across the rural South. The Court upheld the decision of the city fathers of New London, Connecticut, to grant a private development corporation the right to condemn a middle-income residential neighborhood, evict the property owners,...
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An Undereducated Admiral
Since there are no pressing global issues that cannot wait until next week, I’ll devote my column to a book I’ve just finished reading. Its title, Sea Power: The History and Geopolitics of the World’s Oceans (Penguin, 2017), and the reputation of its author—retired admiral James George Stavridis, who ended his career as NATO Supreme...
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The Dirty Fact About College Admissions
Pitting the state of Texas against four students who had been denied admission to the University of Texas School of Law because of their skin color, the recent Hopwood v. Texas case could spell doom for racial preferences in public education if affirmed by the Supreme Court. The Sth U.S. Circuit Court of Appeals, whose...
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Why Some of Us Can’t Dine in Peace
The recent harassment of Supreme Court Justices is a continuation of years of abuse and violence against conservative public figures in both public and private spaces. Some of us can't even dine in peace.
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MONKEYS IN THE CLASSROOM: September 2006
PERSPECTIVE Let’s Call the Whole Thing Off by Thomas Fleming The right to an opinion. VIEWS Educated at Home by Hugh Barbour, O.Praem. The pleasure that comes with struggle. The Supreme Court, Globalization, and the Teaching of Religion by Tom Landess Shaping society. Education to the ...
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Life and Death in a House Divided
The Supreme Court’s recent decision to review a Missouri abortion case has raised the spirits of the pro-life movement. In his appeal, Missouri’s attorney general asked the Court to reconsider Roe v. Wade, the landmark civil rights decision that made pregnant women and their physicians sole arbiters over who is born and who is not...
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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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Wimin’s Work
The women’s movement is in considerable disarray. While most self-described feminists are concerned mainly with job prospects, equal pay, and abortion rights, the radical wing of the movement is busy advocating everything from witchcraft to lesbianism. This was never more apparent than at NOW’s recent convention. While most delegates were content with denouncing the Supreme...
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Christmas, That Winter Festival
When the Supreme Court declared Christmas a secular occasion, to be celebrated for its lowest-common-denominator cultural value in the public schools, I expected serious Christians to protest. Here a powerful public body officially secularized what for the history of Christianity has represented a most sacred moment. But so deeply have the forces of secularization, organized...
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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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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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Liberty, Justice, and Abortion For All
Last June, the Supreme Court decided that the ObamaCare individual mandate passed constitutional muster under Congress’s taxing power. It left undecided a host of other issues that are now being litigated in the lower courts. Under the HHS mandate that followed ObamaCare, employers with 50 or more full-time employees must offer health-insurance coverage for sterilization...
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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...