Articles tagged as Elena Kagan
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“When ‘Matter’ Really Matters” — Jesse Merriam
Jesse Merriam argues that Engel and Schempp are here to stay because the “matter” of modern-day society has corrupted the “form” of American jurisprudence. Rather than attempting to overturn these cases, conservative legal scholars and judges should learn how to make Founding ideas work in the twenty-first century. Some excerpts: “Incorporation of the Establishment Clause…means […] -
“The Supremes Ride the Spiral Down” — Prof. Hadley Arkes in Law & Liberty
In a recent essay published at Law & Liberty titled, “The Supremes Ride the Spiral Down,” Prof. Hadley Arkes laments the recent Supreme Court decision in Iancu v. Brunetti, in which the Court allowed a profane trademark for a streetwear company. Drawing on the great Scottish Enlightenment philosopher Thomas Reid, Prof. Arkes criticizes some justices […] -
“Jack Phillips Has His Day In Court” – Prof. Hadley Arkes in the Claremont Review of Books Digital
In early December 2017, the Supreme Court heard oral argument in Masterpiece Cakeshop v. Colorado Civil Rights Commission. The case concerns a weave of questions on freedom of religious expression, limitations on speech, and laws on public accommodations in the state of Colorado. In an essay for the Claremont Review of Books Digital, “Jack Phillips Has His Day […] -
“Scalia’s Death Has Liberal Justices Smelling Blood”–Garrett Snedeker in The Federalist
Writing in The Federalist, Garrett Snedeker details the state of oral argument at the Supreme Court in the weeks after the passing of Justice Scalia. Snedeker argues Scalia’s absence has left the liberal justices less restrained, with their conservative colleagues bearing a greater burden than ever before to sustain conservative arguments. Some excerpts: “In the first couple […]