Articles tagged as Supreme Court
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“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 […] -
The Court: Looking for the Low Door under the Wall – Prof. Hadley Arkes at The Catholic Thing
In his column for The Catholic Thing, JWI Founder and Director Prof. Hadley Arkes expresses worry that the Supreme Court might seek to take the easy way out of the ultimate question haunting our jurisprudence: should the Court overturn Roe v. Wade? Prof. Arkes suggests that the Court, under the guise of prudence, may invent […] -
Revisiting ‘Roe’: Prof. Gerry Bradley in the National Catholic Register
In an article titled “Revisiting ‘Roe’: Why the Supreme Court Decision on Mississippi Case Will Likely Ditch Viability” for the National Catholic Register, JWI Senior Scholar and Trustee Gerry Bradley predicts the approach of certain Justices of the Supreme Court thought to be pro-life after the announcement of that the Court would hear Dobbs v. […] -
“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 […] -
“In Defense of ‘A Better Originalism'” – Prof. Hadley Arkes in Law & Liberty
In an essay for Law & Liberty, James Wilson Institute Founder and Director Prof. Hadley Arkes defends JWI’s recent call in The American Mind for judges to adopt an “originalism of moral substance” against criticism by John Grove. Prof. Arkes argues that Grove misconstrues the nature of moral truths and their role in adjudication, which […] -
“An Opportunity to Overturn Roe” – Gerry Bradley in First Things
In an essay for First Things, JWI Senior Scholar and Trustee Gerry Bradley explores the future of Roe v. Wade and the implications of Justice Amy Coney Barrett’s appointment to the Supreme Court for the pro-life movement. Recently, the Court refused to take action on the case of Dobbs v. Jackson Women’s Health, in which […] -
“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 […]