Articles tagged as Antonin Scalia
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“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 […] -
“The Smith Case, Religious Freedom, and Originalism” — Christopher Wolfe in Public Discourse
Responding to the Fulton decision, Christopher Wolfe argues that conservative judges who wish to uphold originalism should not overturn Smith. Some excerpts: “The Smith opinion was written by Justice Antonin Scalia, the greatest twentieth-century Supreme Court originalist—maybe the ‘re-founder’ of originalism on the Court. It is surprising, and perhaps ominous, that the newly ‘conservative’ Court in 2021 […] -
“Conservatives After Fulton: Time for a New Path”: Hadley Arkes in Anchoring Truths
In an exclusive essay for JWI’s newest publication, Anchoring Truths, JWI Founder and Director Hadley Arkes offered some reflections on the recent Supreme Court ruling in Fulton v. Philadelphia. He describes the conservative frustration with the ruling Employment Division v. Smith (1990) but suggests that their ire with the holding is misplaced. Given that the […] -
Moral Truth and Constitutional Conservatism: Prof. Gerry Bradley in the Louisiana Law Review
JWI Trustee and Senior Scholar Gerry Bradley has written a “must-read” law review article that eloquently and forcefully argues for a jurisprudence of Natural Law as a corrective against the ills of progressive approaches to constitutional interpretation and positivist originalism. We share with you the full text of the article below, appearing in the Summer […] -
The Test of Heartbeats for Judges–and Other Former Fetuses: Prof. Hadley Arkes in The Catholic Thing
In his weekly column for The Catholic Thing, JWI Founder and Director Prof. Hadley Arkes details some of the history of the Right’s strategy on pro-life legislation in Congress and the Courts. Republicans, Arkes contends, have not tried to overturn Roe in one fell swoop, but rather have taken smaller steps that gradually restrict abortion […] -
“Letter to a Noble Lawyer” — Hadley Arkes at Anchoring Truths and Law & Liberty
In 2021, JWI begins a collaborative partnership with the Liberty Fund’s online journal, Law & Liberty. Led by its Director, Richard Reinsch, Law & Liberty has become one of the premier journals on the Right for writing on jurisprudence, politics, and the culture. With this feature piece, Prof. Hadley Arkes opens our first symposium with […] -
Does the Fourteenth Amendment Prohibit Abortion? A Webinar with Joshua Craddock
On October 20th, 2020, Joshua Craddock, JWI Fellow ’19 and Affiliated Scholar, was featured as a speaker on a webinar hosted by the Federalist Society at the University of Virginia School of Law. The webinar centered on Mr. Craddock’s recent article in the Harvard Journal of Law & Public Policy titled, Protecting Prenatal Persons: Does […] -
“Judicial Fortitude: The Last Chance to Rein in the Administrative State” James Wilson Podcast with Peter Wallison
AEI Portraits – (Photo by Jay Westcott/for AEI) In November 2019, JWI’s Deputy Director Garrett Snedeker and intern Samuel Lucas had a conversation with Peter Wallison, author of the book Judicial Fortitude: The Last Chance to Rein in the Administrative State. Mr. Wallison is a resident scholar at the American Enterprise Institute and former White […] -
“The Enduring Scalia” — Prof. Hadley Arkes in The Catholic Thing
In another article for The Catholic Thing titled “The Enduring Scalia,” Prof. Hadley Arkes, founder and director of the James Wilson Institute, continues his critique of the “subjectivizing” of conscience and religious objection. He analyzes Justice Antonin Scalia’s famous opinion in Employment Division v. Smith (1990). Prof. Arkes defends Justice Scalia as inviting the Religious […] -
“Reordering the Public Square” –Gunnar Gundersen in First Things
In an article for First Things titled “Reordering the Public Square”, Gunnar Gundersen defends the government’s role in promoting the common good. Responding to both liberal and conservative advocates of government neutrality, Gundersen reaches into history to shed light on America’s deep Christian roots. He finds no legal footing for rigid constitutional interpretations which retool […]