If it’s Christmas, then ’tis the season for creche suits, and this past December was no different. The Kentucky chapter of the American Civil Liberties Union filed suit against Gov. Wallace Wilkinson because the state constructed a Nativity scene on the front lawn of the Capitol in Frankfort. Children from the Good Shepherd School (Catholic)...
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Campaign Finance Reform
In accepting the Democratic nomination for the presidency in 1908, this century’s greatest populist warned: “How can the people hope to rule if they are not able to learn, until after the election, what the predatory interests are doing?” The man was, of course, William Jennings Bryan, and he offered a “complete and effective” solution...
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The Liberal Stampede to ‘Abolish ICE’
“No Borders! No Nations! No Deportations!” “Abolish ICE!” Before last week, these were the mindless slogans of an infantile left, seen on signs at rallies to abolish ICE, the agency that arrests and deports criminal aliens who have no right to be in our country. By last week, however, “Abolish ICE!” was no longer the...
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Law in Lehi: A Case of Abuse
Lehi, Utah, is somewhat familiar to those who have seen the movie Footloose. The small Mormon community provided Hollywood with the perfect setting for a tale of adolescent rebellion against parental and religious authority. Yet shortly after the movie’s release Lehi’s pious image was ruptured by a child abuse scandal. One morning in the summer...
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Letter From Minneapolis Criminal Chic
The gap between Middle Americans and our cultural elite is nowhere wider than on questions of crime and punishment. While activists on the bench and in academia have crafted ever more rights and privileges for those accused and even convicted of crimes, they have given short shrift to the rights and welfare of current and...
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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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More Observations and Lamentations on the Way We Are Now
Are you enjoying your New American Century? You may as well enjoy it. It is all you are getting instead of your “peace dividend.” Justice Ginsberg has recently invoked the laws of some foreign states in justification of her Supreme Court decisions. The Founding Fathers and subsequent generations would have found this impeachable and treasonous. ...
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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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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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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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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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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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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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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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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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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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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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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 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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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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‘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 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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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On Thomas Szasz
On New Jersey In your January issue, you published an article (“Our Platonic Guardians“) on “Justice” Wilentz of the New Jersey Supreme Court by a Hamilton Township attorney named Gregory J. Sullivan. As a lifelong resident of the Garden State, I can only reaffirm what he has written. And add: what this state needs is...
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Stealth Candidates
I have no desire to defend President George H.W. Bush or his execrable appointment of David Souter to the Supreme Court, but I was confused by the chronology of the Turnock v. Ragsdale case laid out by Scott P. Richert in the February issue (“Robert Bork, R.I.P.,” Cultural Revolutions). In December 1989, when that case...