Can the residents of Seattle whose property and businesses were destroyed, vandalized, or shut down in June, when the city for three weeks allowed and approved of the “autonomous zone,” now sue the city? Two such lawsuits have in fact already been filed in federal court; and in one of them, seventeen different persons and [...]
The police body-camera video confirms what the autopsy reports show: Derek Chauvin and his fellow officers had to subdue a large man resisting arrest, whose system was overwhelmed by the kind of drugs that routinely cause violence, and who died of a heart attack, not choking or strangulation. Along with the tens of billions of [...]
The very idea that students will suffer any significant loss of educational attainment by losing two months of twelve-plus years of school—less than two percent—is nonsense. Such an argument that every minute of school attendance is irreplaceable can only be made by someone who never attended American elementary and secondary schools. A frequently worried-about consequence [...]
The Catholic order of nuns, the Little Sisters of the Poor, are apparently not little enough or poor enough to avoid governmental coercion and interference with their works of charity. For almost a decade now, they have been involved in court cases resisting governmental attempts, first federal and now state, to require them to incorporate [...]
The contemporary frequency of parents, especially mothers, killing their children—not only newborn babies but toddlers too—is a new phenomenon. Does this have something to do with the relentless loosening of abortion laws in America since Roe v. Wade? We live in an era where we pretend that we do not know when life begins, but [...]
Rod Dreher’s book, “The Benedict Option,” has gone on to become an international cultural event. Yet, today, it is not clear whether the book has had any influence on Church institutions and leadership. Has the Benedict Option then been a failure? Should other “options” be considered? Rod Dreher’s book The Benedict Option, a New York [...]
This summer saw the resolutions of two high-profile civil lawsuits involving accusations of defamation and libel against two pillars of the media-academic complex. In the suit against hyper-liberal Oberlin College, Ohio state jurors rendered a judgment against their neighbor, the college. In the other case, a lawsuit against The Washington Post, the federal district-court judge [...]
Presidents of both parties, and houses of Congress controlled by both parties, have for decades tolerated and thus implicitly encouraged and provided an incentive for illegal immigration. What has been sacrificed along the way is the rule of law. Will the federal judiciary not only change central provisions of American immigration statutory law pertaining to [...]
Today’s offering in our Timeless Essay series affords our readers the opportunity to join Thomas Ascik as he considers three recent books that address the prospects for Christianity in modern American culture. —W. Winston Elliott III, Publisher In Mere Christianity (1952), the published version of his radio talks delivered in the early 1940’s, C. S. [...]
“Precedence,” as well as following or overturning precedents, is not limited to what is decided in new cases. It is also concerns the adherence to established principles of judicial jurisprudence. Without both kinds of precedence, there is no limit to the power of the judiciary... In the last installment of this survey of the judicial principle [...]
In the case of United States v. Windsor, the Supreme Court found that the Constitution required formal, legal, and constitutional recognition of homosexual marriage. And yet if the Court had followed its own precedents, it would have ruled that Edith Windsor lacked the legal standing to file her original lawsuit... In Lawrence v. Texas (2003), [...]
The Supreme Court apotheosized the right of privacy in its now-famous words: “At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life”… Editor’s Note: This essay continues a discussion of the Supreme Court’s sexual “right of privacy” cases, which [...]
Judges and politicians constantly talk of the importance of respecting precedent. But It is not unusual for the Supreme Court to overturn its own precedents. What does legal history say about the importance of precedent in modern jurisprudence? Responding to President Donald Trump’s nomination of federal appeals-court Judge Brett Kavanaugh to the Supreme Court, Maine [...]
With the Supreme Court’s decision in Gill v. Whitford, the door is now open under the right political circumstances for state courts to take over political redistricting. And the constitutional changes will be permanent… In the Wisconsin political-gerrymandering case, Gill v. Whitford, decided by the Supreme Court last week, the Court avoided ruling on the substantive constitutional [...]