Articles tagged as Abortion

  • “What the Hearings Missed” — Hadley Arkes at The American Mind

    by James Wilson Institute on April 13, 2022
    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 […]
  • “Once More Unto the Breach” — Hadley Arkes

    by James Wilson Institute on March 7, 2022
    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

    by James Wilson Institute on February 25, 2022
    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

    by James Wilson Institute on February 24, 2022
    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

    by James Wilson Institute on February 17, 2022
    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

    by James Wilson Institute on February 15, 2022
    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 […]
  • “Waiting for Dobbs” — Hadley Arkes in The Catholic Thing

    by James Wilson Institute on February 9, 2022
    Professor Arkes anticipates what might happen if the Supreme Court seeks to take “the low door under the whole” in the Dobbs case—sustaining the law in Mississippi while affecting not to overrule Roe v. Wade. Some excerpts: “The odds are that the statute in Mississippi will be sustained by a Court now containing Amy Coney […]
  • ‘Dobbs’ and the Conservative Legal Movement – Gerald V. Bradley in National Catholic Register

    by James Wilson Institute on December 7, 2021
    James Wilson Institute’s Senior Scholar, Gerry Bradley, writes in the National Catholic Register about Dobbs v Jackson Women’s Health Organization and how if Roe is overturned, it would not necessarily mean the end of abortion or even the beginning of the end of it.  Some excerpts from the piece: “Although the conservative legal movement has […]
  • “Abortion as Anti-Law” – Hadley Arkes in National Review

    by James Wilson Institute on November 20, 2021
    In anticipation of the Dobbs v Jackson Woman’s Health Organization oral argument, JWI Founder and Director, Hadley Arkes opines on the real possibility the Supreme Court issues an opinion reshaping its jurisprudence on abortion in the print edition of National Review. Arkes, joined by Robert George, Ramesh Ponnuru, Michael Brendan Dougherty, and Carter Snead, contributed […]
  • “No Free Exercise for Aztecs—or Abortionists” — Jordan Ballor

    by James Wilson Institute on November 17, 2021
    Jordan Ballor argues that the right to religious liberty is not absolute, and that courts should refuse religious exemptions to those who violate natural law by practicing abortion in the name of religion. Some excerpts: “It is a perennial challenge to identify the proper limits to religious liberty in America and rightly apply these limits. […]