Roe v. Wade

March 3, 2020|Abortion, Doe v. Bolton, June Medical Services v. Russo, Planned Parenthood v. Casey, Roe v. Wade, Standing, Whole Woman’s Health v. Hellerstedt

The Constitutional Rights of Abortionists

by Thomas Ascik|

U.S. Supreme Court (Gary Blakeley/Shutterstock.com).

June Medical reminds us how far we are today from Marbury v. Madison’s holding that courts merely “say what the law is.”

October 24, 2019|Carolene Products, Conversations with RBG, Jeffery Rosen, Originalism, Progressivism, Roe v. Wade, Ruth Bader Ginsburg

Conversations with the Notorious RBG

by John O. McGinnis|

Conversations with RBG confirms that the prime reason for Ginsburg's accolades is her relentless progressivism.

October 15, 2019|Aristotle, Brown v. Board of Education, James Madison, Liquidation, Living Constitutionalism, Obergefell v. Hodges, Originalism, Originalism's Promise, Progressivism, Roe v. Wade

Justifying Originalism

by Lee J. Strang|

Originalism provides the surest way to access the Constitution's legal meaning and then to implement it over time.

May 31, 2019|Abortion, Alabama Abortion Prohibition, Clarence Thomas, Roe v. Wade, Ruth Bader Ginsburg

America’s Abortion Debate Is Serious Not Literal

by Greg Weiner|

(shutterstock.com)

Because the Court will not permit legislative compromise on abortion, neither side seeks it. On the contrary, both gravitate to the extremes.

May 7, 2019|John Hart Ely, Originalism, Roe v. Wade, Ruth Bader Ginsburg, Stephen Breyer

The Crisis of Left Jurisprudence

by John O. McGinnis|

Associate Justice Ruth Bader Ginsburg poses for a group photograph at the Supreme Court building on June 1 2017 in Washington, DC. (Credit: Olivier Douliery / Pool via CNP).

It is not clear what it will take for the Left to come up with a compelling response to originalism.

April 2, 2019|judicial activism, judicial constraint, Judicial Restraint, Precedent, reliance interests, Roe v. Wade

Traditional Precedent Rules Do Not Restrain Judicial Activism

by John O. McGinnis|

shutterstock.com

The Court is activist when it acts on its own discretion rather than on the basis of a clear dictate of law.

October 19, 2018|Chief Justice John Roberts, Dred Scott, Plessy v. Ferguson, Roe v. Wade

Roberts Must Recognize that the Court Also Errs in Striking Down Laws

by John O. McGinnis|

Chief Justice John Roberts before the 2013 State of the Union Address (Joshua Roberts / Alamy Stock Photo).

The Supreme Court has wrongly invalidated laws, just as it has upheld unjust ones.

September 14, 2018|Abortion, Brett Kavanaugh, Equality, George Washington, John Adams, Peter Singer, Roe v. Wade, Thomas Jefferson

Don’t Settle for Roe

by Richard Samuelson|

Image: Coffeemill/Shutterstock.com

If Roe v. Wade is overturned, we will have to go back to the messy compromises of politics, which might actually avert a new disunion.

August 14, 2018|Amy Klobuchar, Brett Kavanaugh, Brown v. Board of Education, Neil Gorsuch, Richard Blumenthal, Richard Durbin, Roe v. Wade

How Kavanaugh Should Respond to Senators’ Questions, Part I

by John O. McGinnis|

Brett Kavanaugh delivers remarks after President Donald J. Trump announces his nomination to be Associate Justice of the United States Supreme Court, July 9th, 2018 in Washington, DC. (Credit: Alex Edelman/CNP /MediaPunch/Alamy Stock Photo).

Expect to see these questions and lines of attack at Brett Kavanaugh's confirmation hearing, because senators often use them, regardless of the nominee.

August 7, 2018|;ideological discrimination, AALS, Ideological Imbalance, James Phillips, Roe v. Wade

The AALS Should Investigate Potential Discrimination Against Conservative and Libertarian Faculty Candidates

by John O. McGinnis|

Stephen Chung/Shutterstock.com

Why shouldn't it matter to the AALS that conservative and libertarian faculty face discrimination?

A Mirror of the 20th-Century Congress

by Joseph Postell

Wright undermined the very basis of his local popularity—the decentralized nature of the House—by supporting reforms that gave power to the party leaders.

The Graces of Flannery O'Connor

by Henry T. Edmondson III

O'Connor's correspondence is a goldmine of piercing insight and startling reflections on everything from literature to philosophy to raising peacocks.

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