Articles tagged as Supreme Court
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Commentary Roundup: JWI on Adrian Vermeule’s Common Good Constitutionalism
Professor Adrian Vermeule of Harvard Law School kicked off a lively discussion in the conservative legal movement with his provocative essay “Beyond Originalism” in The Atlantic. Since then, JWI staff, friends, and Affiliated Scholars have been regular contributors to the ongoing discussion of a “common good constitutionalism.” JWI founder and director Prof. Hadley Arkes offered […] -
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 […] -
“The Abolition of Man and Woman”: David Crawford and Michael Hanby on Bostock in The Wall Street Journal
In the Wall Street Journal, David Crawford and Michael Hanby of the John Paul II Institute, whose amicus brief in Harris Funeral Homes v. EEOC Prof. Arkes joined in a personal capacity, criticized the sweeping metaphysical judgements which lie hidden in Justice Neil Gorsuch’s Bostock v. Clayton County decision. Crawford and Hanby point out that […] -
“Here’s The Only Path Open to Republicans After Neil Gorsuch’s Betrayal”: Prof. Hadley Arkes in The Federalist
In his latest article for The Federalist, Prof. Hadley Arkes calls on Republicans to look to Abraham Lincoln for a response to the Supreme Court’s decision in Harris Funeral Homes v. EEOC. Following the infamous Dred Scott v. Sandford decision, Lincoln and congressional Republicans acknowledged that the Supreme Court had the authority to determine the […] -
“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 […] -
“We Need to Reject Judicial Supremacy Now More Than Ever”: Garrett Snedeker and Josh Hammer in Newsweek
JWI Deputy Director Garrett Snedeker and affiliated scholar Josh Hammer published in Newsweek, arguing that the recent Supreme Court decision, Bostock V. Clayton County Georgia, shows just how mistaken a jurisprudence without natural law can be. They propose a restoration of what they call the “original understanding of constitutionality” as a conversation between all three […] -
“A Morally Empty Jurisprudence”: Prof. Hadley Arkes in First Things
In First Things, Prof. Hadley Arkes reflects on the recent outcome in Harris Funeral Homes v. EEOC which he warned about in The Catholic Thing a mere fifteen days ago. In the Harris case and its companion case Bostock v. Clayton County, Justice Neil Gorsuch concluded that the Civil Rights Act of 1964’s prohibition on […] -
“Bracing for the Court in June”: Prof. Hadley Arkes in The Catholic Thing
In a recent article for The Catholic Thing, JWI founder and director Prof. Hadley Arkes warns conservatives to brace for a rough June, as the U.S. Supreme Court prepares to announce its decision in Harris Funeral Homes v. EEOC. The Harris case presents SCOTUS with the question of whether Title VII of the Civil Rights […] -
“A Primer on Constitutional Rights During Crises”: Justin Dyer in Starting Points
In his latest essay for Starting Points, Professor Justin Dyer, a JWI affiliated scholar, attempts to make sense of the Covid-19 crisis and the constitutional debate it has generated. Dyer discusses the Supreme Court’s jurisprudence concerning the protection of public health and how the Court balances individual rights in times of public strife. He discusses […] -
“Common Good Originalism”: Josh Hammer in The American Mind
In a measured response to Harvard Law professor Adrian Vermeule’s critique of originalism, Josh Hammer, a friend of the James Wilson Institute and Of Counsel at the First Liberty Institute, proposes a middle way between originalism and common good constitutionalism. While he agrees with much of Vermeule’s philosophy and argument, he sees a complete abandonment […]