“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 [...]
Despite all the unfounded fear on the left and all the equally unfounded euphoria on the right, there will be no wholesale revamping by the Supreme Court of the liberal social order that is now deeply rooted in our culture and among our people. The conservative justices' ethos of evolution over revolution will forestall any [...]
The clashes of contemporary political life can alienate anyone, but this is not the time to withdraw from the fight. As recent events clearly show, the most hopeful signs sometimes come from the places we least expect. This past week has been a watershed in American political life—or so we are told. After the confirmation [...]
Even before the spectacle of Christine Balsey Ford's testimony before the Senate Judiciary Committee, the hearing for President Trump’s nominee to the U.S. Supreme Court, Brett Kavanaugh, was characterized not by political acumen, wit, cunning, or prudence, but by partisan obstruction, lawlessness, tantrums, hysteria, ignorance, frenzy, and anger. Protestors screamed vulgarities and trite slogans, proving [...]
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 dual hearing of Christine Blasey Ford and Judge Brett Kavanaugh is portrayed as a mere "he said/she said," with the result hinging on relative credibility. Both appeared credible. But many liars and deceivers appear credible. That is part of our sinful condition. As the Bible says, "The heart of man is deceitful and desperately [...]
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, [...]
Despite candidate Donald Trump’s explicit promise to appoint justices who would vote to overturn Roe v. Wade, as president he declared in his introduction of Brett Kavanaugh that, “like Ronald Reagan,” he did not ask potential nominees where they stood on controversial cases… If one overarching theme emerged from the decisions handed down in June in the most [...]
Would the confirmation of Brett Kavanaugh have a profound impact on the jurisprudence of the Supreme Court? In other words, would his addition to the Court eventually have a broad and historic impact equal to that of Justice Anthony Kennedy himself? Responding to President Donald Trump’s nomination of federal appeals-court Judge Kavanaugh to the [...]
The paradigm motivating Justice Kennedy’s jurisprudence is of an individual who must be protected by the courts from all outside pressures. The result has been increasing hostility toward the fundamental institutions on which our constitutional order relies… Justice Anthony Kennedy Justice Anthony Kennedy’s tenure on the Supreme Court was filled with irony. Had [...]
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 [...]
Though Masterpiece is a decision upholding religious liberty, the Supreme Court’s ruling makes it clear that free speech about homosexuality does not enjoy broad protections… In the first of two momentous cases on its docket as to whether some Americans can be left alone as dissenters from the punishing orthodoxies of the progressive society and [...]
By state law, the state of California is now forcing pregnancy-support centers, whose sole purpose for existence is to offer alternatives to abortion, to “conspicuously” notify pregnant women of where they can receive abortions. The centers have objected that the law violates the Free Speech Clause of the First Amendment by compelling them to [...]
With a “clear, plain, and palpable” eagerness to seize control of the Pennsylvania congressional map in time for the 2018 mid-term elections, the Pennsylvania Supreme Court has gone beyond judicial activism and joined with the Democrats in their attempt to win control of the U.S. Congress. The details of how this came about and [...]