Articles tagged as Obergefell v. Hodges
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“A Workable Substantive Due Process”: Affiliated Scholar Josh Craddock in the Notre Dame Law Review
In an entry for the Notre Dame Law Review, JWI Affiliated Scholar and Fellowship alumnus Josh Craddock ’19 joins with his former boss, Chief Judge Timothy Tymkovich of the U.S. Court of Appeals for the Tenth Circuit and law clerk Joshua Dos Santos to address a major source of legal confusion: the Supreme Court’s Due […] -
“The Self-Made Trap” –Prof. Hadley Arkes in the Claremont Review of Books
Writing in the Winter 2015/2016 issue of the Claremont Review of Books, Prof. Hadley Arkes critiques a common conservative legal approach in defense of natural marriage: that the Constitution is silent on the subject. He shows why natural marriage ought to be defended on substantive grounds. “As the argument has played out in this vein, […] -
“After Obergefell: Facing the Main Question”—Prof. Arkes in The Catholic Thing
Writing in The Catholic Thing, Prof. Hadley Arkes, in “After Obergefell: Facing the Main Question,” calls for the political branches to counteract the Court’s marriage decision with more substantive arguments in defense of marriage as the union of one man and one woman. “[A] ‘defensive’ strategy of resistance has run into problems recently also on […] -
“The Paths of Resistance”—Prof. Hadley Arkes in The Catholic Thing
Writing in The Catholic Thing, Professor Hadley Arkes, in “The Paths of Resistance,” offers two possible (legislative) steps that can be taken in light of the Court’s decision in Obergefell v. Hodges. Some excerpts: “In the aftermath of the Supreme Court’s ruling on same-sex marriage, two lines of response may be open to those who […] -
“How Progressives Are Playing John Roberts”—Garrett Snedeker in The Federalist
Weighing in on Chief Justice Roberts’ Dissent in Obergefell v. Hodges—and namely why it has enjoyed praise from the left—Garrett Snedeker explains “How Progressives Are Playing John Roberts” in The Federalist. Some excerpts: “..The chief is invested in a false dichotomy in the marriage cases and in Lochner. What if there were a third way, […] -
“Marriage and the Court: The Expected Arrives”—Prof. Hadley Arkes in The Catholic Thing
Writing in The Catholic Thing on the Obergefell ruling, Prof. Arkes, in “Marriage and the Court: The Expected Arrives,” discusses the recent ruling from the Court; he reminds us of the essence of marriage as we have heretofore known it—and why we must still have an interest in preserving that institution. “The ‘right to abortion’ has been […] -
“Obama and the Culture War Endgame”—Prof. Hadley Arkes in The Catholic Thing
Writing in the Catholic Thing, Professor Hadley Arkes, in “Obama and the Culture War Endgame,” explains how the Obama Administration aims to rid the public sphere of the influence of religious organizations whose moral teachings are at odds with the liberal agenda. Professor Arkes argues that, in adhering to a deeper principle, the Court can […]