Articles tagged as Supreme Court
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“What the Hearings Missed” — Hadley Arkes at The American Mind
In the aftermath of Judge Jackson’s nomination to the Supreme Court, Hadley Arkes analyzes the Senate hearings. Despite some well-timed questions, Republicans ultimately missed their chance to put Judge Jackson on the record defending the right to kill unwanted children even after birth. Some excerpts: “During the recent hearings over Judge Jackson, Senator Marsha Blackburn […] -
“Waiting for Dobbs” — Hadley Arkes in The Catholic Thing
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 […] -
“When ‘Matter’ Really Matters” — Jesse Merriam
Jesse Merriam argues that Engel and Schempp are here to stay because the “matter” of modern-day society has corrupted the “form” of American jurisprudence. Rather than attempting to overturn these cases, conservative legal scholars and judges should learn how to make Founding ideas work in the twenty-first century. Some excerpts: “Incorporation of the Establishment Clause…means […] -
“States, Courts, and Common-Good Conservatism” — Holden Tanner
Holden Tanner continues his dialogue with Josh Hammer and Jesse Merriam, arguing that to reform American jurisprudence conservatives need a new synthesis of the natural law tradition and the Antifederalist vision of state power. Some excerpts: “Hammer is correct that abstract human reason alone cannot restore conservative jurisprudence—careful attention to our history and traditions as […] -
Takeaways from Oral Arguments in Dobbs- Hadley Arkes in First Things
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 […] -
“Whelan-Arkes Exchange: Last Round” — Hadley Arkes
Hadley Arkes responds to Edward Whelan in the last of five pieces on Originalism and the rightful place of moral reasoning. Appeals to Scalia only reinforce the position of common-good originalists: that conservative judges have forgotten the objective moral truths which once governed American jurisprudence. (Links to the other four pieces, in order of publication, can […] -
“A Telling Moment, Foregone” – Prof. Hadley Arkes at The Catholic Thing
JWI Founder and Director Hadley Arkes discusses the Court’s recent denial of a writ of certiorari in Gloucester County School Board v. Grimm. In choosing to remain silent on this issue by not hearing the case, the Court fails to create any resistance to the ever encroaching ideology of gender identity. After the disastrous Bostock […] -
PODCAST: Jesse Merriam and Josh Hammer on “An Even Better Originalism?”
Patrick Henry College Associate Professor Jesse Merriam and JWI affiliated scholar Josh Hammer joined JWI Deputy Director Garrett Snedeker to discuss Professor Merriam’s article, “A Better Legal Conservatism,” published in The American Mind. Prof. Merriam’s article was in response to “A Better Originalism,” co-authored by Prof. Hadley Arkes, Garrett Snedeker, Josh Hammer, and Matthew Peterson. […] -
Fulton and the Future of Religious Liberty – Prof. Gerard V. Bradley at First Things
After being cited twice yesterday in the Court’s much anticipated ruling on religious liberty, JWI Trustee and Senior Scholar Gerard V. Bradley declares that “Fulton v. Philadelphia is a remarkable case indeed.” Professor Bradley outlines where the Court currently stands on the controversial 1990 ruling in Employment Division, Department of Human Resources of Oregon v. Smith. […] -
Fulton v. City of Philadelphia – Professor Gerard V. Bradley cited by Supreme Court
Associate Justice Samuel Alito of the Supreme Court of the United States cited JWI Trustee and Senior Scholar Gerard V. Bradley twice in his concurrence for today’s decision in Fulton v. City of Philadelphia. This highly anticipated ruling on religious liberty has garnered much speculation among the public and is one of the biggest rulings […]