The Reagan Administration’s Baby Doe policy is finally being tested in the Supreme Court. Supporters see the law as a necessary guarantee of the rights of handicapped infants whose lives are threatened by selfish parents and amoral physicians. The Federal government has a positive obligation, they insist, to send investigation teams—Baby Doe Squads, as they...
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When Prayer Left Public Life
Sixty years ago the Supreme Court struck down school prayer. This hastened the process of overturning the Western tradition in which Christianity played an integral role in the life of nations.
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All the Chips Are on the Table Now
“As everyone knows, I made it clear that my first choice for the Supreme Court will make history as the first African American woman justice.” So Joe Biden promised. Since the death of Justice Ruth Bader Ginsburg, however, Biden has refused to produce a list of Black female judges and scholars whom he would consider...
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Judging Judge Gorsuch
A guide to the Neil Gorsuch nomination uproar: If you want the federal government to exercise greater and greater power over daily life in America, with minimum backtalk from us, the people, you deplore the prospective elevation of Neil Gorsuch to the U.S. Supreme Court. If, by contrast, you regard the expansion or contraction...
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Free Speech or Federal Tyranny?
Today’s Supreme Court ruling in favor of the Westboro Baptist Church has encouraged many decent conservatives to think that the United States will not so quickly go down the garden path of political correctness as Canada and the EU. I think this view is seriously mistaken. As everyone knows, the Westboro Baptist “Church” is a...
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Abolishing America
June was a depressing month for genuine conservatives. Apart from the Supremes putting their stamp of approval on ObamaCare, the horrifying murders of nine black churchgoers in Charleston, South Carolina, unleashed a jihad against the Confederate Battle Flag (Beltway “conservatives” piled on in support of the jihadists), while a majority of the robed Politburo found...
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How Posner Thinks
“The law is good, if a man use it lawfully.” —1 Timothy 1:8 Richard Posner is one of the greatest judges never to have sat on the Supreme Court of the United States. A distinguished professor at the University of Chicago, a judge on the U.S. Court of Appeals for the 7th Circuit for 25...
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The Habitation of Justice
Judge Roy Moore, chief justice of the Alabama Supreme Court, is in big trouble again. Judge Moore’s first 15 minutes of fame happened when, as a lower-court judge, he refused to remove a plaque containing the Ten Commandments from the wall of his courtroom. The plaque, it was said, amounted to an impermissible establishment of...
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Casualty Lists From the Kavanaugh Battle
After a 50-year siege, the great strategic fortress of liberalism has fallen. With the elevation of Judge Brett Kavanaugh, the Supreme Court seems secure for constitutionalism—perhaps for decades. The shrieks from the gallery of the Senate chamber as the vote came in on Saturday, and the sight of that bawling mob clawing at the doors...
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A Quota Queen for the Court
If the U.S. Senate rejects race-based justice, Sonia Sotomayor will never sit on the Supreme Court. Because that is what Sonia is all about. As the New York Times reported Saturday, the salient cause of her career has been advancing persons of color, over whites, based on race and national origin. “Judge Sotomayor, whose parents...
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Jackson and the American Indians
Everyone knows that Andrew Jackson wanted American Indians annihilated, defied the Supreme Court in a famous challenge to Chief Justice John Marshall, and forcibly removed the Five Civilized Tribes of the Southeast to lands west of the Mississippi River. What everyone knows is not true. Once a venerated American hero, Andrew Jackson has been attacked...
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The Coming Abortion Insurrection
I told you it was coming. Back in May, on my show, “Sovereign Nation,” I chronicled significant signs of pro-life progress that were driving death-lobby Democrats mad—and I warned of a wave of intolerant tantrums to come as we hurtle into autumn. It’s here. In a 5-4 ruling last week, the U.S. Supreme Court refused...
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A Coming Era of Civil Disobedience?
The Oklahoma Supreme Court, in a 7-2 decision, has ordered a monument of the Ten Commandments removed from the Capitol. Calling the Commandments “religious in nature and an integral part of the Jewish and Christian faiths,” the court said the monument must go. Gov. Mary Fallin has refused. And Oklahoma lawmakers instead have filed legislation...
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Defense of Gay Marriage Act
At 11:30 a.m. on October 10, the Connecticut State Supreme Court legalized “gay marriage,” making Connecticut the third state, behind Massachusetts and California, to sanction the practice. In a 4-3 ruling that cannot be appealed, because it is based on an interpretation of the state constitution, Justice Richard N. Palmer opined for the narrow majority...
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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.
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SCOTUS v. U.S.
By the time you read this, nine Americans may well have declared the United States a nonentity. In April, the U.S. Supreme Court was supposed to decide on the constitutionality of Arizona’s SB 1070, the now-famous law that sought to stem the tide of illegal immigration into the state. The Obama administration struck quickly after...
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Storytelling
Constitutional lawyers like to tell the story (probably apocryphal, since it’s too good to be true) that, sometime in the 1960’s, when the Warren Court was engaged in its effort to rewrite the Constitution, one crusty old Harvard Law professor, upon reading the latest product from the Supremes, stormed into his constitutional law class, roared...
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Justice Harlan’s Color-Blind Dissent
Supreme Court Justice John Harlan helped to shape the “color-blind” legal approach toward race in America, and his views were likely shaped by a man likely to have been his mixed-race half-brother.
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The New Deal Paved the Way for Today’s Jan. 6 Prosecutions
David Beito’s account of American concentration camps, wartime censorship, mass surveillance, and misuse of executive agencies for partisan political purposes further impugns the claim that FDR was a man of virtue.
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Ditching the Cadaver
“Republics exist only on tenure of being agitated.” —Wendell Phillips If anything might have transformed the presidential election of 2004 from a dull ritual of mass democracy into an interesting and perhaps even meaningful act of civic decision, it would have been the presence of Patrick J. Buchanan, whose wit and sharp conservative intelligence enlivened...
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Ditching the Cadaver
“Republics exist only on tenure of being agitated.” —Wendell Phillips If anything might have transformed the presidential election of 2004 from a dull ritual of mass democracy into an interesting and perhaps even meaningful act of civic decision, it would have been the presence of Patrick J. Buchanan, whose wit and sharp conservative intelligence enlivened...
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Media Matters: Another Inquisitor In Fighting ‘Hate’
The granddaddy of the “anti-hate” movement is, of course, the Southern Poverty Law Center, which has made hundreds of millions of dollars and ruined the lives of conservatives by using innuendo, guilt by association and outright lies to smear anyone it doesn’t like. And that’s just about anyone to right of, say, Che Guevara. One...
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The Forced Funding of Student Radicalism
I happen to be a conservative, a Christian, and white. I am also in the military, and I disapprove of homosexuality. At the University of Wisconsin, there is little tolerance for this combination of characteristics. As a student there, I served as the symbol of all that’s wrong with the world. My checkbook showed just...
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A Third Way?
I went into the 2000 presidential campaign an enthusiastic supporter of Pat Buchanan’s bid for the White House as a third-party candidate. I emerged more convinced than ever that Buchanan would have made an outstanding president but skeptical that a serious right-wing party will be able to emerge, at least in the short run. I knew...
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In Praise of Elites
Being a lifelong elitist myself, I have long had a sneaking sympathy for a Trollope character, Sir Timothy Beeswax. In The Dune’s Children (1880), Beeswax is a dignified old politician who lives not for power but, quite unashamedly, for the trappings of office. Parliament, he believed, was a club so eligible that any Englishman would...
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The Never Trumpers: Sore Losers With Thin Skins
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...
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A Lawyer’s Lawyer
Judge John Roberts of the U.S. Court of Appeals for the District of Columbia Circuit, whom President George W. Bush has nominated to take the place of retiring Associate Justice Sandra Day O’Connor, is what we used to call a “lawyer’s lawyer.” He comes from Harvard College, Harvard Law School, the Harvard Law Review, a...
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The Trump Indictment May Saddle the GOP With a Loser
Trump's rise in the 2024 election polls after his indictment plays into Democrat hands, potentially saddling Republicans with a candidate who cannot win in 2024 because he cannot acknowledge his past mistakes.
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Mr. Lincoln’s War An Irrepressible Conflict?
“[T]he contest is really for empire on the side of the North, and for independence on that of the South, and in this respect we recognize an exact analogy between the North and the Government of George III, and the South and the Thirteen Revolted Provinces. These opinions … are the...
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Birthright Citizenship Is a Breach in the Border
Trump’s promise to end birthright citizenship will be a battle but it’s a battle America can’t afford to lose.
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All Three Branches of Government Need Legal Immunity
Presidential immunity, judicial immunity, and legislative immunity are essential to a system that allocates power through a democratic process.
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A Killing Privacy
Abortion is not something to discuss in polite company. Unlike a good, clean murder committed from natural motives such as revenge, envy, and greed, abortion is something slimy, more like a sex crime. Many parents must be tempted, from time to time, to commit mayhem upon their offspring. Such feelings are natural; but women who...
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The Most Dangerous Man in the Mid-South
This is the first of a series of first-person reports from American citizens who have run afoul of the bureaucracy. While we have made reasonable efforts to verify the accounts, the stories are personal statements of the authors. Almost 30 years ago, just a few weeks before I got married, I found a strange book...
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Leave the Kids Alone
The recent Supreme Court decision striking down a Silent Prayer Law in Alabama came as a shock to many people. What harm could be done by a moment of silence that the students were free to dedicate—or not dedicate—to a Supreme Being? Religion, it now seems, is to be treated like the daughter who disgraces...
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Beating Affirmative Action
Is the composition of the Supreme Court the be-all and end-all of important societal conflicts? Are there effective ways that conservatives can address these conflicts—manifest in political battles over such things as affirmative action—apart from the Court? The Supreme Court’s decision in Fisher v. University of Texas, handed down on June 23, means affirmative action...
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Liberal Tolerance on Display After Reversal of Roe v. Wade
After the Roe reversal protests erupted all across the country, with the largest in New York, Chicago, and Los Angeles—cities in states with virtually zero probability that their lawmakers will pass laws restricting abortion.
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Going It Alone
As the high lunacy of the 1990 budget negotiations showed, America’s federal arrangement has been replaced by a confederation of special interests that have less in common than the former colonies—or even, perhaps, than the states that comprise the United Nations. America resembles more a League of Interests than it does a nation. The solution...
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Heightened Security
Federal judges in California have been busy. In August, Judge Vaughn Walker held that it is irrational to limit marriage to one man and one woman. Following in Judge Walker’s footsteps, Judge Virginia A. Phillips struck down the congressional prohibition against homosexuals in the military as violating the First Amendment and the Due Process Clause...
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Federales, Gringo Style
For most of American history, federal law enforcement consisted only of U.S. marshals serving in the territories of the West. Their legacy is decidedly mixed. Many were appointed purely for their political connections, and graft and corruption were not unusual. The first U.S. marshal for Colorado Territory was accused of embezzling federal funds. The third...
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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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On Ending “Gay Marriage”
Did I read aright the piece on “Gay Marriage” by Prof. William J. Quirk (“What’s Next for the Imperial Judiciary?” News, January)? When he puts forth his solution, it turns out to be the passage of a bill that will give the “last word” to “[e]ach state’s high court.” But as he himself points out...
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The Supreme Court, Globalization, and the Teaching of Religion
Public figures talk about globalization as if it were the Rapture. We are told that, unlike Marco Polo and Christopher Columbus, we live in an era of international trade; so these days, we must worry more about what the world thinks and does. As Justice Sandra Day O’Connor told the Southern Center for International Studies,...
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Wheeler’s Progress
On October 15, 1905, Burton K. Wheeler stepped off a train at the Northern Pacific depot in Butte, Montana, thinking that he had seen more of the West than Lewis and Clark but wondering if his luck had run out. After looking up every lawyer in town (Wheeler had graduated from the University of Michigan...
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The Legacy of 1789
One man, one vote. It seems such an obvious, such a simple principle. What can possibly hinder its implementation in South Africa, where blacks are barred from the exercise of citizenship rights, or Israel, where West Bank Palestinian children take to the streets demanding self-government and civil rights, or New York City, where the Board...
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The Wall: Moral and Good
President Donald Trump’s predecessors have circumvented Congress before on issues the legislative branch had tried to stop. They have redirected resources appropriated by lawmakers. They have resorted to the same National Emergencies Act that Trump is invoking in order to build the Wall along the country’s southern border. None of their actions triggered a reaction...
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Forgotten Strippers
In 1994, the Republicans, for the first time in 40 years, took control of both Houses of Congress. In 2000, after some controversy, the GOP secured the presidency. Now, they have lost both houses and look to be well on their way to losing the presidency in 2008. Parties lose when they don’t give their...
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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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Liberal Elites Against Democracy
One of the great ironies of our present age is that democracy's would-be eponymous outfit, the Democratic Party, has become an enemy of democracy itself.
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Homeschooling: Fortifying the Family Castle
Amid the disasters happening in America today, there’s some excellent news. Homeschooling has won a solid place among roughly 1.5 million children and is mostly protected by law. It has become a refuge for families sick of their local public schools and the many copycat private and parochial schools. Even where decent private and parochial...