Articles tagged as Scalia
-
“Originalism: A Hollow Core?” — Garrett Snedeker at Starting Points Journal
JWI’s Deputy Director Garrett Snedeker discusses Donald Drakeman’s new book on Originalism and discusses its strengths and weaknesses. Some excerpts: “Don Drakeman’s ‘The Hollow Core of Constitutional Theory’ arrives at a time when Originalism faces three interrelated questions. First, does the success of the originalist project hinge on devotion to interpreting the text of the Constitution […] -
“How to Recover Conservative Judging” — Holden Tanner at Anchoring Truths and Law & Liberty
Holden Tanner argues for a new method of fighting legal realism: Encourage state courts to pursue originalism and to develop their common law traditions from principles of natural law. Some excerpts: “By brandishing the centrality of text, conservative jurists sought to constrict the aggrandizement of the New Deal Court and weed out the inventions of […] -
“Lemon v. Kurtzman at 50” – Francis Beckwith in Law and Liberty
In an article at Law and Liberty, JWI Scholar Francis Beckwith traces the history and eventual demise of the Lemon Test created by Chief Justice Burger in Lemon v. Kurtzman on its 50th anniversary. The Court has inconsistently applied the Lemon Test for years, amending or ignoring its different prongs as it wishes. Lacking any […] -
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 […] -
“A Better Originalism” – Arkes and Snedeker in The American Mind
A new statement of purpose published in The American Mind, written by Prof. Hadley Arkes, Garrett Snedeker, Joshua Hammer, and Matthew Peterson calls upon conservatives to adopt an originalism of moral substance. The authors write: “We are faced with a moment of political crisis. The Biden administration seeks to fundamentally transform the United States by […] -
“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 […] -
“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 […] -
“It Was The Supreme Court’s Liberals Who Established Protests Are Not ‘Sedition’” – Professor Hadley Arkes in The Federalist
In an essay for the Federalist, JWI founder and director Professor Hadley Arkes explores the Court’s approach to demonstrations under the First and Fourteenth Amendments. He examines how Supreme Court justices have regarded with concern the right of protestors to demonstrate in particular locations, such as outside the Supreme Court while trials are underway. Justices […] -
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 […] -
Does the Fourteenth Amendment Prohibit Abortion? A Webinar with Joshua Craddock
On October 20th, 2020, Joshua Craddock, JWI Fellow ’19 and Affiliated Scholar, was featured as a speaker on a webinar hosted by the Federalist Society at the University of Virginia School of Law. The webinar centered on Mr. Craddock’s recent article in the Harvard Journal of Law & Public Policy titled, Protecting Prenatal Persons: Does […]