Articles tagged as transgenderism
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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 […] -
“Gorsuch Does Transgenderism: Notes on the Wreckage”: Prof. Hadley Arkes in The Catholic Thing
In a recent essay in The Catholic Thing, JWI founder and director Prof. Hadley Arkes writes about how the majority opinion in Bostock v. Clayton County and Harris Funeral Homes v. EEOC, will wreck not only our jurisprudence, but also all corners of our society. He focuses on Justice Neil Gorsuch and his implicit acceptance of the […] -
“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 […] -
“The Supreme Court’s Mistaken and Misguided Sex Discrimination Ruling”: Ryan Anderson in Public Discourse
James Wilson Fellowship faculty member Ryan Anderson has offered extensive commentary on Harris Funeral Homes v. EEOC and authored an amicus brief for the case. Following the Supreme Court’s decision on June 15, Dr. Anderson responded in Public Discourse, warning that Justice Gorsuch’s decision either spells the end for sex-specific programs and facilities or ensures […] -
“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 […] -
“An Oath Upon Oaths”: Prof. Hadley Arkes in The American Mind
James Wilson Institute director Prof. Hadley Arkes responds to a side conversation taking place in the broader discussion over Adrian Vermeule’s “common good constitutionalism” – the debate over one’s oath to the Constitution. Multiple commentators have argued that abandoning originalism leads judges to violate their oaths to uphold the Constitution. Prof. Arkes finds instead that […] -
“Vermeule, His Critics, and the Crisis of Originalism”: Prof. Hadley Arkes in The American Mind
In an in-depth essay part of a symposium for The American Mind, James Wilson Institute founder and director Professor Hadley Arkes offers measured praise of Harvard Law Professor Adrian Vermeule for his criticism of Originalism in The Atlantic. Professor Arkes argues that Professor Vermeule, in his promotion of a “Common Good Constitutionalism,” draws on a […] -
“Does the Right Dare Fight?” — Prof. Hadley Arkes in The American Mind
In a piece for The American Mind titled “Does the Right Dare Fight?” JWI Founder and Director Hadley Arkes builds on his previous critique of the Ahmari-French debate. Prof. Arkes first focuses on the reluctance of conservative lawyers to employ moral arguments in defense of the positions they hold. Prof. Arkes continues by offering several […]