As the United States has grown more and more ideologically polarized, the divide has been magnified on the Supreme Court. The divisions on the Court made Justice Anthony Kennedy the most powerful man in America by 2018 because he was often the Court’s swing vote on important decisions. Where the swing vote of the Supreme … Read more
America has weathered the most divisive presidential election in recent memory, and the first round of family gatherings since then, with many Thanksgiving meals expected to have been free-for-all food fights, with turkey drumsticks flying, no doubt. But we are getting along in the new reality, for the most part, and most friendships and family … Read more
As we brace ourselves for the political firestorm that is already beginning around filling the vacancy on our highest court, it would be useful to engage in a little “cultural catechesis” on the nature and purpose of the office in question. Though some will decry the “politicization” of the selection process, an honest review of … Read more
Fr. Paul Scalia’s homily at the funeral of his father, Justice Antonin Scalia, was “remarkable in its moving profundity,” as one of my colleagues wrote. But why was the homily so good? Can we analyze it and understand why it was so perfectly appropriate and profound? Such reflections can be helpful to both pastors and … Read more
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 … Read more
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 … Read more
Serious Catholics and political conservatives since the 1950s have strongly criticized the Supreme Court for making public policy and acting as a kind of “super-legislature” to further a leftist socio-political agenda, instead of interpreting the law and judging. We have seen such judicial lawmaking on pornography, abortion, legislative reapportionment, sodomy laws, and the list could … Read more
Many years ago I sat with Justice Scalia at a Catholic prayer breakfast in New York City. As we ate, a waiter approached, leaned into Scalia and handed him a FedEx package. This was suspicious since FedEx does not deliver on Sunday. Scalia said, “Must be a bomb” and tossed it unopened into the middle … Read more
Liberal activists respect neither natural law nor positive law. What God and the people have joined together, they feel perfectly free to put asunder. Marriage, by their lights, is a purely human institution that they can make and remake at will. This unholy cause has been on display during Holy Week at the Supreme Court, … Read more
When does it become impermissable for a self-governing people to pass laws that will ensure the survival of the things they love? When they no longer command a majority of the electorate? Is that the standard? Certainly among people of democratic disposition, it is a constitutional given that any time a plurality of voters take … Read more