supreme court

What the Wen Firing Says about Planned Parenthood

July was not a good month for the former CEO of Planned Parenthood Federation of America. And I am not taking about Cecile Richards. I am referring to Leana Wen, who, after suffering a miscarriage early in July, also suffered a job loss when on July 16 the Planned Parenthood board of directors showed her [...]

The Religion of Liberalism & the New Heretics

The most astonishing fact about contemporary American politics—that there is not a single Protestant on the Supreme Court, while there are six Catholics—goes largely unremarked, even though on the surface it seems to fulfill the most dire predictions made at the time of John F. Kennedy’s ascendancy in 1960. On the other side, the fact [...]

With 80% Friends Like These…

In these dirty dishonest days you expect your political enemies deliberately to misstate your positions. How positively Medieval to restate your opponent’s position better than he can before demolishing it. Now is the day of the straw man, and the flimsier the better. While you expect this from your enemies, it’s disheartening to see 80% [...]

Has Marriage Already Been “Redefined”?

Nobody knows how the Supreme Court will ultimately rule on the two cases concerning so-called same-sex “marriage,” the California Proposition 8 case and the Defense of Marriage Act (DOMA) case, on which the high court recently heard two days of testimony. However, some of the comments made by several justices in the course of the [...]

Where Will Same-Sex Unions Lead Us?

Listening to arguments by Theodore Olson, the lawyer challenging Proposition 8, Supreme Court Justice Anthony Kennedy said this: “You’re asking for us to go into uncharted waters, and you can play with that metaphor. There’s a wonderful destination or there’s a cliff.” Last month the United States Supreme Court heard two cases challenging the oldest [...]

The Unseemly Campaign Directed at One Man

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 [...]

Unholy Week at the Supreme Court

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, [...]

The Logic of the Court and the Prospect of Homosexual Marriage

Next week, the Supreme Court will begin its consideration of two cases, one concerning the Defense of Marriage Act and the other California’s Proposition 8 Amendment, which may settle in the near-term the questions concerning the constitutionality of same-sex marriage. Both the Marriage Act and Proposition 8 define marriage as being between a man and [...]

On Two Compelling Legal Briefs that Challenge Same-Sex Marriage

During his confirmation hearing for the Supreme Court, Judge Robert Bork said one of his attractions to the court was that it would be an “intellectual feast.” There is certainly a feast going over the impending Supreme Court consideration of same-sex marriage. A mountain of friend-of-the-court briefs has landed in the hands of the Supreme [...]

The War on (little) Women and Other Insanities

The Supreme Court’s minor mistakes have few systemic consequences. But when the Supremes make a big mistake, the error tends to seep throughout the entire political process, poisoning everything in its path. That was what happened with the Court’s 1857 Dred Scott decision, which intensified the passions and accelerated the dynamics that led to the [...]

Obama’s Monumental Misunderstanding

President Obama recently complained about the possibility of the Supreme Court striking down Obamacare. He used the term “unprecedented” and was critical of “judicial activism” engaged in by “unelected” judges. In so doing, he showed his monumental misunderstanding of American government, which should be of concern to every American who values constitutional government. Let’s take [...]

A Few Words About Abortion

  Last week marked the 39th anniversary of Roe vs. Wade, the U.S. Supreme Court decision that permitted abortions. Prior to that case, abortion was regulated by each state, and most of them prohibited it unless two physicians could certify that the baby growing in the mother's womb would likely result in the death of [...]

Obama’s Justices vs. Obama

  Barack Obama, the law professor who railed against the Bush administration's disdain for privacy, has been to civil liberties what the Hindenburg was to air travel: an unexpected debacle. Time after time, he has chosen to uphold government power at the expense of individual protections. Warrantless wiretapping in national security cases? For it. Detaining [...]

The Pretense of ‘Independent’ Campaign Spending

  Winning Our Future, a "super PAC" that supports Newt Gingrich's bid for the Republican presidential nomination, is spending more than $1.2 million on ads in South Carolina, which holds its primary on Saturday. That fact requires some explanation. First, why would anyone want Newt Gingrich to be president? Second, what is a super PAC? [...]

Hollywood’s Snotty Day in Court

  It was symbolically perfect that on the same day Hollywood went to the Supreme Court to make the case for broadcast profanity, Entertainment Weekly reported that the next showing of the ABC smutcom Modern Family would feature a two-year-old girl dropping the F-bomb. The episode's title will be “Little Bo Bleep.” Shameless. There's no [...]

America the Gullible

  National Transportation Safety Board Chairwoman Deborah Hersman has called for states to mandate a total ban on cellphone usage while driving. She has also encouraged electronics manufacturers — via recommendations to the CTIA-The Wireless Association and the Consumer Electronics Association — to develop features that "disable the functions of portable electronic devices within reach [...]

The Surprising Truth About Obama’s ‘War on Religion’

  Texas Gov. Rick Perry has a new TV spot accusing President Obama of waging "war on religion." It's a reckless, overstated spot that exploits prejudice against gays while deliberately distorting major issues. But here's the surprise: Perry has a point. The First Amendment forbids any law "prohibiting the free exercise" of religion. It's a [...]

Upholding the Insurance Mandate Would Encourage Endless Meddling

  A couple of months ago, Deputy Assistant Attorney General Beth Brinkmann was standing before the U.S. Court of Appeals for the D.C. Circuit, defending the federal law requiring Americans to buy government-approved health insurance, when Judge Laurence Silberman asked her about broccoli. Specifically, he wanted to know whether a law requiring Americans to buy [...]

Victory for Rights of Catholic Organizations

Only a week after Catholics nationwide completed a campaign protesting the Obama administration’s violation of the religious liberty of Catholic institutions, the Supreme Court let stand a key federal ruling that upholds the rights of religious employers. The national protest, encouraged by parish bulletin inserts from the U.S. bishops' conference and appeals from at least [...]

The Growing Aversion to Abortion

The abortion debate has raged since 1973, when the Supreme Court gave abortion constitutional protection, but the basic law of the land has proved immutable. Abortion is legal, and it's going to remain legal for a long time. Laws often alter attitudes, inducing people to accept things -- such as racial integration -- they once [...]

Walmart Case a Victory for Consumers

  The Supreme Court handed down a big win for American consumers this week, though the case had nothing to do with consumer protection. The court's decision involved the rules for determining what constitutes a proper class of plaintiffs, representing not just those individuals who have come forward to allege illegal behavior but others who have been [...]

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