The James Wilson Foundation on Natural Rights and the American Founding

“A Telling Moment, Foregone” – Prof. Hadley Arkes at The Catholic Thing

by James Wilson Institute on July 13, 2021

JWI Founder and Director Hadley Arkes discusses the Court’s recent denial of a writ of certiorari in Gloucester County School Board v. Grimm. In choosing to remain silent on this issue by not hearing the case, the Court fails to create any resistance to the ever encroaching ideology of gender identity. After the disastrous Bostock decision of 2020, the Court continues to allow transgenderism to affect our law in all its facets, from employment regulations to school bathrooms and locker rooms. Prof. Arkes laments the judiciary for not stepping into the fray to do their duty. Their omission further embeds moral relativism into the law.

Some excerpts from the piece:

“But Justice Gorsuch insisted, in a gesture of judicial restraint, that the logic of [Bostock] would not be extended beyond the matter of employment to touch those contentious issues of bathrooms and locker rooms.  For those questions, he noted, had not come before the Court – as though the principle itself did not have an immanently plausible bearing on those cases…. If Gorsuch had been unpleasantly surprised, the Grimm case offered the most decisive, early moment for him to brake this movement in the lower courts. But Gorsuch did not vote to hear this case.”

“That court had now taken as an established fact that only the churlish would challenge the notion that Grimm was unquestionably a male, that she had merely been “identified” as a female at birth. At every turn, with every pronoun, the judges put the stamp of official authority on her gender as a truth now confirmed in the law.”

“The conservatives on the Court had it in their hands to do a timely, powerful good.  And to take language from Lincoln, “May the vast future not have to lament that [they] neglected it.”

Read the whole piece at The Catholic Thing here.

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Law and liberty cannot rationally become the objects of our love, unless they first become the objects of our knowledge.
— James Wilson, Lectures on Law, 1790