Articles tagged as Roe v. Wade

  • “Once More Unto the Breach” — Hadley Arkes

    by James Wilson Institute on March 7, 2022
    In a response to Ed Whelan’s critique of “On Overturning Roe,” Prof. Arkes insists that the moral argument against Roe is the only logical one for judges who believe in the deep wrong of abortion. The pro-life cause rests on objective moral truths, not on value judgments, and as a result does not require judges […]
  • Podcast at First Things: Hadley Arkes and R. R. Reno discuss “On Overruling Roe”

    by James Wilson Institute on March 3, 2022
    Professor Hadley Arkes and First Things editor R. R. Reno talk about Arkes’s recent article, “On Overruling Roe,” focusing on originalist jurisprudence, the relevance of natural law to abortion, and the Dobbs case. firstthings · Hadley Arkes on Roe v. Wade “On Overruling Roe” may be read here. Listen to the podcast here.
  • “Breaking the Sotomayor Mold” — Kody W. Cooper

    by James Wilson Institute on February 25, 2022
    Kody Cooper argues that a new justice in the mold of Sotomayor would fail to pass the “test of truth” when it comes to abortion, religious liberty, and takings. Some excerpts: “In the wake of Justice Breyer’s retirement announcement, Democrats are divided over whether President Biden should appoint a more conciliatory ‘bridge-builder’ who will look for opportunities […]
  • “Justice Byron White and Abortion” — Hadley Arkes in The Catholic Thing

    by James Wilson Institute on February 24, 2022
    Responding to Richard Doerflinger’s critique of “Waiting for Dobbs,” Prof. Arkes asserts that conservative justices could successfully outlaw most abortions by returning to Justice White’s standard: only abort to save the mother’s life. At the same time, however, White did the pro-life cause a lasting disservice by focusing not on the rights of unborn babies […]
  • “On Overturning Roe” — Hadley Arkes in First Things

    by James Wilson Institute on February 15, 2022
    Comparing abortion to slavery, Hadley Arkes explains how conservative jurisprudence has obscured the central issue of abortion–the killing of small lives–by referring the decision to the States. Though popular, such traditional conservative reasoning fails to address what the States should do if Roe is overturned. Conservatives should go further. The Fourteenth Amendment expressly gives Congress […]
  • “Waiting for Dobbs” — Hadley Arkes in The Catholic Thing

    by James Wilson Institute on February 9, 2022
    Professor Arkes anticipates what might happen if the Supreme Court seeks to take “the low door under the whole” in the Dobbs case—sustaining the law in Mississippi while affecting not to overrule Roe v. Wade. Some excerpts: “The odds are that the statute in Mississippi will be sustained by a Court now containing Amy Coney […]
  • Takeaways from Oral Arguments in Dobbs- Hadley Arkes in First Things

    by James Wilson Institute on December 2, 2021
    After the Supreme Court heard oral arguments in the Dobbs v Jackson Woman’s Health Organization, JWI Founder and Director Hadley Arkes proffered his thoughts on what happened and what it means for pro-lifers. Some excerpts from the piece: “One side, we might say, was “morally challenged” or imbecilic, and the other side wasn’t sure just […]
  • “Abortion as Anti-Law” – Hadley Arkes in National Review

    by James Wilson Institute on November 20, 2021
    In anticipation of the Dobbs v Jackson Woman’s Health Organization oral argument, JWI Founder and Director, Hadley Arkes opines on the real possibility the Supreme Court issues an opinion reshaping its jurisprudence on abortion in the print edition of National Review. Arkes, joined by Robert George, Ramesh Ponnuru, Michael Brendan Dougherty, and Carter Snead, contributed […]
  • “The Dobbs Case and the Strains of Prudence” — Hadley Arkes at Human Life Review

    by James Wilson Institute on October 5, 2021
    Prof. Arkes analyzes the Dobbs case, arguing that the conservative Court has two options: to overturn Roe outright, or to take the slower, more cautious approach of merely upholding the Mississippi law. Even this latter option, however, could enrage the Left because it would threaten the standard of viability–and with it, the very logic of […]
  • “Abortion, the Political Branches, and Fetal Heartbeat” — Hadley Arkes in The Catholic Thing

    by James Wilson Institute on September 14, 2021
    In an article from January 28, 2020, Hadley Arkes argues that Congress could have overturned Roe v. Wade at the time of the original decision. The logic of separated powers implies that any “rights” established by the Supreme Court should be corroborated and defined by the legislature. Some excerpts: “In my last column, I recalled […]