Unpacking the Supreme Court?

By |2021-04-07T14:30:45-05:00April 11th, 2021|Categories: American Republic, Constitution, Politics, Supreme Court, Uncategorized|

Despite controlling neither the sword nor the purse, the Supreme Court has been able to wield considerable power by in effect legislating rather than simply judging. To lessen and perhaps gradually eliminate battles like “Roe v. Wade,” why not reduce the number of Supreme Court justices to five? During the 2020 campaign, which saw the [...]

So Much for Our “Conservative Court”

By |2020-12-17T16:59:00-06:00December 17th, 2020|Categories: Conservatism, Politics, Sexuality, Supreme Court|

In a victory for transgender rights, the Supreme Court recently rejected a case brought by parents against an Oregon high school that allowed transgender students to use the bathroom of their choice based on the gender with which they identify. The “conservative” justices on the bench have failed to distinguish sexual orientation or gender confusion [...]

Cancel Culture Comes to the Supreme Court

By |2020-10-13T16:56:26-05:00October 13th, 2020|Categories: Free Speech, Freedom of Religion, Supreme Court|

The reality is that no person and no private institution can escape the ceaseless initiatives by legal activists, judicial activists, cities, states, and, depending upon the Administration, the federal government to re-standardize American public as well as private life, and search out and cancel dissenters. In recent years, including this presidential year, cases in the [...]

Will Justice Barrett Seal a Conservative Majority on the High Court?

By |2020-09-29T16:15:42-05:00September 28th, 2020|Categories: Donald Trump, Pat Buchanan, Politics, Presidency, Supreme Court|

President Trump's remaking of the Supreme Court for constitutionalism may well be the crown jewel of his presidency. If Judge Barrett becomes Justice Barrett, she will join Justices Clarence Thomas, Sam Alito, Neil Gorsuch, and Brett Kavanaugh to create a constitutionalist core of five justices, a controlling majority. By nominating Federal Judge Amy Coney Barrett [...]

The SCOTUS Pick: All the Chips Are on the Table Now

By |2020-09-25T11:35:32-05:00September 25th, 2020|Categories: Donald Trump, Pat Buchanan, Supreme Court|

On the court issue, Democrats are exhibiting something akin to panic. They are warning that if a conservative jurist like Amy Coney Barrett is confirmed, Democrats may retaliate by "packing" the Supreme Court — increasing the number of justices from nine to 11 and installing two new liberals — if they win the presidency and [...]

Last Best Chance to Capture Supreme Court

By |2020-09-25T09:31:03-05:00September 22nd, 2020|Categories: Donald Trump, Pat Buchanan, Politics, Presidency, Supreme Court|

Today, the hour of President Trump's triumph may be at hand, and the stark panic on the left testifies to it. Are there Republicans who would really walk away from this last, best chance to secure the court, simply because the process offends their sense of proper procedure? President Donald Trump and Senate Majority Leader [...]

John Marshall: A Primer

By |2020-11-26T11:05:45-06:00March 30th, 2020|Categories: American Founding, American Republic, Bradley J. Birzer, Constitution, History, John Marshall, Senior Contributors, Supreme Court|

Perhaps more than any other figure in the early history of the American Republic, John Marshall shaped the Supreme Court as well as attitudes toward and understandings of the U.S. Constitution. John Marshall (September 24, 1755–July 6, 1835) was the fourth man to serve as the Chief Justice of the United States Supreme Court, following [...]

The Landmark Decision of “Dred Scott v. Sandford”

By |2021-03-05T16:21:32-06:00March 5th, 2020|Categories: American Republic, Congress, Constitution, Politics, Slavery, Supreme Court|

“Dred Scott” is a landmark decision because it answered questions regarding slavery that the Supreme Court had not previously addressed. It is also one of the most infamous decisions, furthering the great divide facing the nation regarding the question of slavery and moving the country further down the path toward the Civil War. Dred Scott [...]

Created Equal: Clarence Thomas In His Own Words

By |2020-07-23T14:17:45-05:00February 7th, 2020|Categories: American Republic, David Deavel, Film, Politics, Senior Contributors, Supreme Court|

One of the best contemporary memoirs I’ve read in the last decade is My Grandfather’s Son, which was published in 2007. In his tale that ended with the fierce 1991 confirmation battle for his seat on the U.S. Supreme Court, Clarence Thomas told a remarkable story of his journey from being raised by a single [...]

The Supreme Court: Usurping the Legislative and Taxing Power

By |2019-06-25T17:07:11-05:00November 18th, 2018|Categories: American Republic, Constitution, Supreme Court Precedent Series, Thomas R. Ascik|

“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 [...]

The Supreme Court: “Never to the Right, Forever to the Left”

By |2020-09-19T11:30:27-05:00October 15th, 2018|Categories: Conservatism, Joseph Mussomeli, Justice, Liberalism, Politics, Supreme Court|

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 [...]

Reason and Its Usurpers

By |2020-11-13T03:41:33-06:00October 12th, 2018|Categories: Civil Society, Glenn Arbery, Supreme Court, Wyoming Catholic College|

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 [...]

Brett Kavanaugh and Originalism

By |2018-10-09T15:53:15-05:00October 9th, 2018|Categories: Congress, Justice, Political Philosophy, Politics, Supreme Court|

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 [...]

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