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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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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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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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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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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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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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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The Politics of a Death
It is difficult to think of a case comparable to the murder of Sergei Mironovich Kirov. Here one of the top leaders of a great country was killed—most probably by the wish of the supreme dictator, the murder being used as full or partial justification for the arrest, torture, exile, or execution of many, then...
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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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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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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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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 Post-Abortive Culture
The recent passage of the Texas Heartbeat Act, signed into law by Gov. Greg Abbott on May 19, has resulted in feverish alarums across the land. These came after the U.S. Supreme Court’s refusal to block the law in late September, following an emergency application made by over a dozen Texas abortion providers and their...
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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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Judge Roberts
As the U.S. Senate prepares to consider President George W. Bush’s nominee for the U.S. Supreme Court, John Roberts, there seems to be a certain ambiguity about Judge Roberts’ position on Roe v. Wade, the 1973 decision that made abortion-on-demand the “law of the land.” On the one hand, he is on record as saying...
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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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Let’s Stop Equating Slavery and Abortion
Frequently, pro-life leaders draw a parallel between slavery and abortion. “You Say Abortion Is Legal? The Supreme Court Also Legalized Slavery,” reads one popular bumper sticker. The motivation for this comparison is understandable, since slavery and the Civil War occupy central places in the American historical imagination. By gesturing toward one of the issues associated...
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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 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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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...