Articles tagged as conservative legal movement
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“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 […] -
PODCAST: Jesse Merriam and Josh Hammer on “An Even Better Originalism?”
Patrick Henry College Associate Professor Jesse Merriam and JWI affiliated scholar Josh Hammer joined JWI Deputy Director Garrett Snedeker to discuss Professor Merriam’s article, “A Better Legal Conservatism,” published in The American Mind. Prof. Merriam’s article was in response to “A Better Originalism,” co-authored by Prof. Hadley Arkes, Garrett Snedeker, Josh Hammer, and Matthew Peterson. […] -
“In Defense of ‘A Better Originalism'” – Prof. Hadley Arkes in Law & Liberty
In an essay for Law & Liberty, James Wilson Institute Founder and Director Prof. Hadley Arkes defends JWI’s recent call in The American Mind for judges to adopt an “originalism of moral substance” against criticism by John Grove. Prof. Arkes argues that Grove misconstrues the nature of moral truths and their role in adjudication, which […] -
Fellowship Alumni Spotlight: David Dewhirst ’14
David Dewhirst, a 2014 James Wilson Fellow, is the current Solicitor General of Montana. He graduated from Regent University before obtaining his J.D. from George Washington University Law School, where he served as president of his Federalist Society Chapter. He has clerked for Judge Lawrence VanDyke of the Ninth Circuit and the U.S. Senate Judiciary […] -
“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 […] -
“The Constitution’s ‘Value Judgements'” — Gerard V. Bradley at Anchoring Truths and Law & Liberty
JWI has launched a collaborative partnership for 2021 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 culture. Prof. Hadley Arkes opened our first symposium in February 2021 with “Letter to a […] -
“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 […] -
“Moral Constitutionalism”– Gerry Bradley in First Things
In an essay for the print edition of First Things, JWI Senior Scholar and Trustee Gerry Bradley argues that the dominant form of originalism has failed conservatives time and time again in matters of moral consequence, and a reassessment of it is in order. Originalism, he writes, does indeed remain the correct way of deciding […] -
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 […] -
“Gorsuch Does Transgenderism: Notes on the Wreckage”: Prof. Hadley Arkes in The Catholic Thing
In a recent essay in The Catholic Thing, JWI founder and director Prof. Hadley Arkes writes about how the majority opinion in Bostock v. Clayton County and Harris Funeral Homes v. EEOC, will wreck not only our jurisprudence, but also all corners of our society. He focuses on Justice Neil Gorsuch and his implicit acceptance of the […]