judicial activism

Do-It-Yourself Biology

The bromide of “being true to yourself” has found new life in gender studies, in the vertiginous celebration of the Supercilious Self, and in the concomitant denial of the “permanent things.” For example, Mount Holyoke College, in Massachusetts, proudly announces that “it welcomes applications for its undergraduate program from any qualified student who is female [...]

Liberal Myths Have Consequences

“Contemporary liberalism is less a political philosophy than a façade for undermining extant social and legal mores.”   ∼ John Safranek, The Myth of Liberalism, 2015. When I first looked into this insightful book of John Safranek titled The Myth of Liberalism, I was struck by the introductory sentence that he cited from Hegel’s Philosophy of Right. [...]

Obergefell and the Apotheosis of Judicial Will

With the confirmation of Neil Gorsuch to the U.S. Supreme Court, many social conservatives breathed a sigh of relief. From what we know of his record, Justice Gorsuch does seem to be a worthy successor to Justice Antonin Scalia. Even if Gorsuch is somewhat less distinguished as a legal mind than Scalia, he is clearly [...]

How to Avoid Judicial Tyranny

The Founding Fathers envisioned the Supreme Court of the United States as an apolitical branch of government, co-equal to the others but devoid of any partisanship or politicking. Alexander Hamilton wrote that judges in the new American system would have “neither force nor will, but merely judgment.” The question of confirming a justice to the [...]

Does California Have a Case Against David Daleiden?

Last week, California brought fifteen criminal counts against our client David Daleiden. Counts one through eight deal with the 2014 National Abortion Federation Annual Meeting. Counts nine through eleven deal with the two restaurant visits with Planned Parenthood personnel in the Los Angeles area (the videos that reveal "crush above, crush below," and "I want [...]

When Policy Preferences Masquerade as Rights

Recently, I took my son swimming at a local rec center. Entering the men’s locker room, we encountered a sign: “Children over 6 must use the appropriate locker room.” For a moment, I was tempted to speed dial the ACLU and Human Rights Watch to roust some federal judge that Sunday morning who could save [...]

The Judiciary’s Lawless Response to Trump’s Executive Order

The imperial American judiciary has struck again. This time it has taken upon itself the prerogative to enter a domain that historically it shied away from: national security. A few weeks ago, a federal judge in Washington State stopped the implementation of President Trump’s executive order temporarily halting entry into the U.S. from seven Islamic-majority [...]

How to Curtail Judicial Activism

I hear frequently in this year’s election campaign that Supreme Court appointments should be the key consideration in the choice between the presidential candidates. That’s certainly understandable, and perhaps true. It reflects, however, an unfortunate attitude—widespread and deeply ingrained in the American psyche—that the Court is somehow the ultimate, sovereign institution in the United States. [...]

Rule of Law Prevails in Absurd Texas Abortion Case

The first and last sentences of a Texas Criminal Court’s ruling from earlier this week state: “Defendant David Robert Daleiden’s motion to quash the indictment is pending before this Court ... Cause No. 2071353 is ORDERED DISMISSED for want of jurisdiction.” Those sentences reveal what we at Freedom of Conscience Defense Fund (FCDF) have been [...]

Liberalism: An Established Religion

Governments have often minimized religious conflict by establishing one religion and granting it privileges even where others are tolerated. The First Amendment to the United States Constitution left such power to the states, saying only that “Congress shall make no law respecting an establishment of religion....” Following the enactment of the Fourteenth Amendment, however, the [...]

Are We Still A Nation of Laws?

Recent weeks have seen a sudden slew of bureaucratic and judicial action on the question of public accommodation of self-identified transgendered individuals. In one of the latest moves, a decision from the Fourth Federal Circuit struck down a Virginia school board ruling that children must use the bathroom corresponding to their biological sex. As Hadley [...]

The Left Replaces Rule of Law with Rule of Politics

A review in Washington Lawyer magazine of U.S. Supreme Court justice Stephen Breyer’s recent book, The Court and the World: American Law and the New Global Realities declared that he “makes a ringing defense of the rule of law.” That was a curious conclusion, in light of how Breyer—one of the most preeminent leftists in [...]

Pro-Abortion Judges Neuter “Sunshine” Laws in Maryland

Do you believe in ghosts? A particularly apt word to describe ghosts is “ephemeral”—gaseous, not substantial. That’s why when kids are afraid of ghosts, we reassure them that nothing out there will harm them. But is it true? A particularly evil spirit seems to inhabit the judiciary, one quite capable of doing substantial harm, and [...]

How Scalia Inspired a Generation to Defend the Constitution

The death of U.S. Supreme Court Justice Antonin Scalia at age 79 of natural causes Saturday in Texas is an ideal occasion to reflect on the profound influence he had on the legal profession and, by extension, the nation. Astute observers of academic life in America know that the law professoriate has long been dominated [...]

The Requirements of the Law

As a full-time parish priest and an armchair theologian, it gives me great pleasure to rub shoulders—from time to time—with real theologians, and to plagiarize some of their ideas. One of them observed, “The Church teaches doctrine, not theology.” The thought was provocative enough to open many intellectual doors for me as I began to [...]

First Steps Toward Protecting Parental Authority

In a recent article on the Obama Administration's incremental assault on parental moral authority, Caleb Henry observes that the Supreme Court’s Obergefell decision portends the government’s imposition of a progressive “moral reeducation program” against private schools and families. Pointing to increasingly explicit public school interjection into morality traditionally entrusted to the family and church, Henry asks, [...]

The Danger of “Theocratic Majoritarianism”

Judge Richard Posner and Professor Eric Segall took to the pages of the December 2 New York Times to warn against the threat of “majoritarian theocracy.” Although summoning readers to beware of U.S. Supreme Court justice Antonin Scalia’s religious predilections, one might suggest the authors look in a mirror to ponder, instead, their own. For [...]

Cruz Pledges to Ignore Unconstitutional Obergefell Decision

Editor’s note: Below is an excerpt from an interview with Senator Ted Cruz (R-TX) conducted by Professor Robert P. George of Princeton University that aired November 25 on EWTN. The interview series, titled “Candidate Conversations 2016,” will pose a number of questions to presidential candidates on topics of particular concern to Catholic voters. The passage [...]

Time to Knock the Supremes Down a Peg or Three

Besides doing something about certain lawless decisions made by our black-robed masters, something must also be done about how we came to such a place where they can cast their gaze across the fruited plain and whatever catches their fancy becomes the law of the land, indeed higher than the Constitution. Roe was bad enough, [...]

Obama vs. Little Sisters of the Poor

I have added my name to a friend of the court brief in the case of Little Sisters of the Poor vs. Burwell. Professor Nathanial Oman of the law school at William and Mary proposed and took the lead in writing this brief, which was joined by a number of concerned law professors. It was written [...]

The Pointless Campaign to “Save Marriage”

Defenders of marriage and the traditional family continue to lose battle after battle to the purveyors of sexual liberation. So predictable have their defeats become that the judicial coup at the US Supreme Court over same-sex “marriage” surprised no one. Moreover, it finally but slowly seems to be dawning on Christian leaders that much more [...]

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