Articles tagged as Bostock v. Clayton County
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“Contra Historicist Originalism” — Josh Hammer
Responding to Professor Stephanie Barclay, Josh Hammer argues for a right-of-center method of jurisprudence–one which goes beyond positivism or “strict constructionism” by joining originalism and moral principles. Some excerpts from the piece: “In a recent Deseret Magazine essay, Notre Dame Law School professor Stephanie Barclay rebuts the trite and tiresome progressive objection that the constitutional interpretive methodology […] -
“A Telling Moment, Foregone” – Prof. Hadley Arkes at The Catholic Thing
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 […] -
The Imperative of a Boring Judiciary: Eric Dean Hageman ’16 in Law & Liberty
In an essay as part of our ongoing collaboration with Law & Liberty, Eric Hageman, James Wilson Fellowship Class of ’16, adds his analysis of the current legal and judicial landscape to the current discussion that has been sparked by “A Better Originalism.” Hageman agrees that the current legal culture is rife with the “sophistry” […] -
“Originalism and Its Discontents” — David Forte at Anchoring Truths and Law & Liberty
Senior JWI Scholar David Forte responds to the co-authored piece “A Better Originalism” at JWI’s online journal Anchoring Truths. In a symposium in collaboration with Law & Liberty, Forte defends the place of positive law in a “correct originalism.” Some excerpts from the piece: “The authors coronate a new form of originalism, a ‘better originalism,’ an ‘originalism […] -
VIDEO: “A Better Originalism” Debate featuring JWI’s Garrett Snedeker and Prof. Ilan Wurman
JWI’s Garrett Snedeker and Prof. Ilan Wurman debated the merits of the statement Snedeker co-authored in March 2021, titled “A Better Originalism,” for the Scalia Law School Federalist Society Chapter. -
“A Better Originalism” – Arkes and Snedeker in The American Mind
A new statement of purpose published in The American Mind, written by Prof. Hadley Arkes, Garrett Snedeker, Joshua Hammer, and Matthew Peterson calls upon conservatives to adopt an originalism of moral substance. The authors write: “We are faced with a moment of political crisis. The Biden administration seeks to fundamentally transform the United States by […] -
“A Better Originalism” — Arkes, Hammer, Peterson, and Snedeker in The American Mind
Responding to Bostock v. Clayton County, Hadley Arkes, Joshua Hammer, Matthew Peterson, and Garrett Snedeker appeal to conservatives for an originalism of moral substance and outline four common good-centric principles for legal interpretation. Some excerpts: We stand together to oppose the timid, positivist “Originalism” currently on offer, which ignores both our broader Anglo-American tradition and […] -
“Toward a New Jurisprudential Consensus: Common Good Originalism” – Josh Hammer in Public Discourse
In an essay for Public Discourse, JWI Affiliated Scholar Josh Hammer implores conservatives to embrace a new approach to originalism that emphasizes the common good. He argues that originalism has become entirely unmoored from conservatism rightly understood, particularly in light of Justice Gorsuch’s decision in Bostock v. Clayton County. It must be replaced by a […] -
LISTEN: Faith, Judges, and the Supreme Court – Prof. Hadley Arkes on the Bridge Builder Podcast
On January 17th, JWI founder and director Prof. Hadley Arkes joined Minnesota Catholic Conference’s Bridge Builder Podcast to offer insight into his faith and the state of conservative jurisprudence. He explores how originalist justices have avoided engaging with moral truths in cases concerning issues such as abortion and marriage, and critiques Justice Gorsuch’s reasoning in […] -
“What Hath Gorsuch Wrought?”: Prof. Hadley Arkes in First Things
In this article, JWI Founder and Director, Prof. Hadley Arkes addresses the recent Bostock decision and its implications for the schools and families, who are just beginning to grapple with the brave new world of the transgendered after Justice Gorsuch’s opinion. Prof. Arkes points out that, despite what Gorsuch considered to be a very narrow ruling on […]