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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?
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Book Reviews

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.

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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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Liberty Classics

Rereading Politica in the Post-Liberal Moment

by Glenn A. Moots

Althusius offers a rich constitutionalism that empowers persons to thrive alongside one another in deliberate communities.

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James Fenimore Cooper and the American Experiment

by Melissa Matthes

In The American Democrat, James Fenimore Cooper defended democracy against both mob rule and majority tyranny.

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Podcasts

Stuck With Decadence

A discussion with Ross Douthat

Ross Douthat discusses with Richard Reinsch his new book The Decadent Society.

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Can the Postmodern Natural Law Remedy Our Failing Humanism?

A discussion with Graham McAleer

Graham McAleer discusses how postmodern natural law can help us think more coherently about human beings and our actions.

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Did the Civil Rights Constitution Distort American Politics?

A discussion with Christopher Caldwell

Christopher Caldwell discusses his new book, The Age of Entitlement.

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America, Land of Deformed Institutions

A discussion with Yuval Levin

Yuval Levin pinpoints that American alienation and anger emerges from our weak political, social, and religious institutions.

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About

Law & Liberty’s focus is on the classical liberal tradition of law and political thought and how it shapes a society of free and responsible persons. This site brings together serious debate, commentary, essays, book reviews, interviews, and educational material in a commitment to the first principles of law in a free society. Law & Liberty considers a range of foundational and contemporary legal issues, legal philosophy, and pedagogy.

The opinions expressed on Law & Liberty are solely those of the contributors to the site and do not reflect the opinions of Liberty Fund.
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