Articles tagged as Neil Gorsuch
-
“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 […] -
“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 […] -
“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 […] -
“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 […] -
VIDEO: Metaphysics of Bostock
Professor David Crawford Bostock Amicus Brief Co-Author Legal and Theological Scholar, Catholic University of America With commentary from JWI Director and Founder Professor Hadley Arkes On the eve of the start of the Supreme Court’s OT 2020, JWI had the pleasure of hosting a webinar with David Crawford of the John Paul II Institute who […] -
“Scenes From A Revolution? After Bostock”: Gerard Bradley in the National Catholic Register
JWI friend and Notre Dame law professor Gerard Bradley argues in the National Catholic Register that Bostock v. Clayton County need not be understood as a sweeping, regime-altering decision, such as previous Supreme Court decisions like Roe v. Wade and Obergefell v. Hodges. In Roe and Obergefell, the Court embarked on exercises of constitutional revision, […] -
“Conservative Jurisprudence Without Truth”: Prof. Hadley Arkes in First Things
In First Things, JWI founder and director Prof. Hadley Arkes criticizes conservative commentators who have taken greater issue with the legal methodology in Justice Neil Gorsuch’s Bostock v. Clayton County opinion than with the fundamental moral claims the decision makes. At the core of the opinion, Prof. Arkes claims, is a fundamental rejection of human […] -
Listen: Prof. Hadley Arkes on Bostock and Transgenderism for the Issues etc. Podcast
On June 25th, JWI founder and director Prof. Hadley Arkes sat down with Lutheran Radio’s Issues, etc. to discuss the Supreme Court’s Bostock ruling on transgenderism and what it means for conservatives and religious freedom moving forward. Prof. Arkes offers insight into constitutional interpretation and how the Natural Law tradition informs the understanding of what […] -
Commentary Roundup: JWI on Bostock and Harris Funeral Homes
On June 15, 2020, the worlds of social and legal conservatism were rocked by Neil Gorsuch’s majority opinion for Bostock v. Clayton County, Georgia and its companion case, Harris Funeral Homes v. EEOC. JWI staff, friends, and scholars had been watching the case closely and offered their commentary on the outcome. JWI director and founder […]