Courts
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“The Conservative Legal Movement at the Edge of Schism” — Hadley Arkes in Public Discourse
Hadley Arkes elaborates upon Josh Craddock’s vision of the pro-life movement after Dobbs v. Jackson Women’s Health. He unpacks how the decision will impact the strategies that must be taken up at the State and Federal levels. Further Prof. Arkes outlines how Congress could take modest first steps to protect unborn life around the nation, […] -
“A Jurisprudential Red Pill: Part I” — Evelyn Blacklock
Evelyn Blacklock reviews Prof. Adrian Vermeule's "Common Good Constitutionalism," which argues that both originalism and living constitutionalism have abandoned the classical legal tradition. -
“The Conservative Legal Movement Sputters” — Josh Hammer in the Spectator World
Taking an honest look at today’s conservative jurisprudence, Josh Hammer calls for a return to the Bible, natural law, and the substantive precepts underpinning our constitutional order. Some excerpts: “A sober, empirical assessment of the past four decades paints an ambiguous picture of substantive conservative success in US courthouses. It is simply not obvious how […] -
“What the Hearings Missed” — Hadley Arkes at The American Mind
In the aftermath of Judge Jackson’s nomination to the Supreme Court, Hadley Arkes analyzes the Senate hearings. Despite some well-timed questions, Republicans ultimately missed their chance to put Judge Jackson on the record defending the right to kill unwanted children even after birth. Some excerpts: “During the recent hearings over Judge Jackson, Senator Marsha Blackburn […] -
“‘It’s Good (Not) to be the King’: Qualified Praise for Michael McConnell” — Garrett Snedeker
Anchoring Truths co-founder Garrett Snedeker offers qualified praise for Prof. Michael McConnell’s recent book on executive power under the Constitution. While McConnell argues convincingly for public meaning originalism, he implicitly reaffirms judicial supremacy over interpretive disputes between the legislative and the executive branches. “McConnell’s most significant contribution to the scholarly literature is his thorough evaluation of Article II with a […] -
“Once More Unto the Breach” — Hadley Arkes
In a response to Ed Whelan’s critique of “On Overturning Roe,” Prof. Arkes insists that the moral argument against Roe is the only logical one for judges who believe in the deep wrong of abortion. The pro-life cause rests on objective moral truths, not on value judgments, and as a result does not require judges […] -
“Breaking the Sotomayor Mold” — Kody W. Cooper
Kody Cooper argues that a new justice in the mold of Sotomayor would fail to pass the “test of truth” when it comes to abortion, religious liberty, and takings. Some excerpts: “In the wake of Justice Breyer’s retirement announcement, Democrats are divided over whether President Biden should appoint a more conciliatory ‘bridge-builder’ who will look for opportunities […] -
“Justice Byron White and Abortion” — Hadley Arkes in The Catholic Thing
Responding to Richard Doerflinger’s critique of “Waiting for Dobbs,” Prof. Arkes asserts that conservative justices could successfully outlaw most abortions by returning to Justice White’s standard: only abort to save the mother’s life. At the same time, however, White did the pro-life cause a lasting disservice by focusing not on the rights of unborn babies […] -
“Originalism Is Not Enough” — Hadley Arkes in Claremont Review of Books
In a review of Drakeman’s The Hollow Core of Constitutional Theory: Why We Need the Framers, Prof. Hadley Arkes contends that, when debating moral issues such as abortion and freedom of religion, judges should look beyond the text of the Constitution to the principles underpinning it. The Framers themselves disagreed on constitutional interpretation, and it’s […] -
“On Overturning Roe” — Hadley Arkes in First Things
Comparing abortion to slavery, Hadley Arkes explains how conservative jurisprudence has obscured the central issue of abortion–the killing of small lives–by referring the decision to the States. Though popular, such traditional conservative reasoning fails to address what the States should do if Roe is overturned. Conservatives should go further. The Fourteenth Amendment expressly gives Congress […]