Articles tagged as Constitutional Law
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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 […] -
“The Biden Administration Is Playing Dumb—and Into a Trap” — Garrett Snedeker in Newsweek
Analyzing Biden’s decision to extend the eviction moratorium (despite a contrary Supreme Court ruling), JWI Deputy Director Garrett Snedeker argues that such measures are not unconstitutional–though they imprudently give Republicans reason to pursue similar strategies in the future. Some excerpts from the piece: “A Biden administration that flagrantly defies an on-point ruling of the Supreme […] -
“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 […] -
“An Opportunity to Overturn Roe” – Gerry Bradley in First Things
In an essay for First Things, JWI Senior Scholar and Trustee Gerry Bradley explores the future of Roe v. Wade and the implications of Justice Amy Coney Barrett’s appointment to the Supreme Court for the pro-life movement. Recently, the Court refused to take action on the case of Dobbs v. Jackson Women’s Health, in 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 […] -
“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 […] -
“The Limits of ‘Free Speech'” – Josh Hammer in Newsweek
In a piece for Newsweek, Josh Hammer explores how conservatives should approach the issue of free speech from both a practical and philosophical perspective, in light of past comments made by Rep. Marjorie Taylor Greene’s (R-GA) that have recently surfaced. Although Hammer acknowledges the Left’s hostility to free speech, he cautions conservatives against appealing to […] -
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 […] -
“Here’s The Only Path Open to Republicans After Neil Gorsuch’s Betrayal”: Prof. Hadley Arkes in The Federalist
In his latest article for The Federalist, Prof. Hadley Arkes calls on Republicans to look to Abraham Lincoln for a response to the Supreme Court’s decision in Harris Funeral Homes v. EEOC. Following the infamous Dred Scott v. Sandford decision, Lincoln and congressional Republicans acknowledged that the Supreme Court had the authority to determine the […] -
“An Oath Upon Oaths”: Prof. Hadley Arkes in The American Mind
James Wilson Institute director Prof. Hadley Arkes responds to a side conversation taking place in the broader discussion over Adrian Vermeule’s “common good constitutionalism” – the debate over one’s oath to the Constitution. Multiple commentators have argued that abandoning originalism leads judges to violate their oaths to uphold the Constitution. Prof. Arkes finds instead that […]