U.S. Supreme Court

Did the Lying Media Cost Trump the Election?

Question: Who said, “Nothing can now be believed which is seen in a newspaper”? Was it (A) Sean Hannity, (B) Glenn Beck, (C) Rush Limbaugh, or (D) None of the above? The answer is (D) None of the above. It was Thomas Jefferson who further maligned the printed press, saying, “Truth itself becomes suspicious by [...]

Living a Lie

Live Not by Lies: A Manual for Christian Dissidents Rod Dreher (Sentinel, 2020) Hardcover, $27.00 On September 18, Ruth Bader Ginsburg died at the age of 87. At once, this country was filled with the sound of progressives weeping and gnashing their teeth. From what I could gather, none of them knew Ginsburg personally. Most [...]

A Fragile Peace for Catholic Education

Across the country this month, many Americans celebrated “wins” for Catholic schools and religious freedom at the Supreme Court—and rightly so. But it would be a mistake to believe that Catholic education is secure without substantial fortification. In fact, the Catholic identity of our schools and colleges may be in far greater danger than it [...]

Louisiana, Before the Judgment Seat

In the Byzantine Divine Liturgy, there is a petition for “a good defense before the awesome judgment seat of God.” I often find that abortion flashes through my mind at that prayer. Given the outrageous atrocity that abortion is in the free world, the free people should expect to answer for it when the Judge [...]

The Bostock Betrayal

On Monday, the Supreme Court handed down its decision on Bostock v. Clayton County. In it, the Court decided that the Civil Rights Act of 1964 would retroactively apply to homosexuals and transgenders, protecting them against employment discrimination. What was once the stuff of BuzzFeed rants is now the law of the land: homophobia and [...]

Et Tu, Gorsuch?

“An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex,” he wrote. “It is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.” This isn’t the [...]

The Fate of the First Amendment Will Be Decided By These Nine Cases

This month the Little Sisters of the Poor returned to the U.S. Supreme Court, once again defending their right to practice the Catholic Faith by refusing to provide for contraceptives in their health insurance plan. This is a stark reminder that even years later the Obama administration’s assault on religious freedom continues to impact religious [...]

Louisiana Supreme Court Case Shows Abortion Clinics to be Houses of Horror

To those who think that legal abortion means safe abortion, think again. The Supreme Court is currently contemplating important questions surrounding a Louisiana state law requiring hospital admitting privileges for abortionists. Among the amicus briefs submitted to the Court in support of the law are several that outline in compelling detail the health and safety deficiencies of [...]

The Islamicization of Public Education Continues Apace

On October 15, the U.S. Supreme Court denied a petition presented by the Thomas More Law Center (TMLC) to hear Wood v. Arnold, a case brought by Caleigh Wood, a Christian student in the 11th grade at La Plata High School in Maryland. Wood refused to take part in a school exercise she felt would [...]

Is Brett Kavanaugh the New Scalia—or Just Another Kennedy?

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 [...]

Is the State Church Coming?

Last week, presidential hopeful Beto O’Rourke said outright that if he is elected president, he will work to eliminate the tax-exempt status for churches that hold traditional views of gender and sexuality. And O’Rourke is not the only candidate taking aim at groups that defend age-old beliefs about marriage and gender. His Democratic rival Cory [...]

A Judicial Victory Over Radical Secularism

In early August, the Freedom from Religion Foundation—secularist bullies who go around the country seeking especially to pressure local governments to eliminate anything that even remotely suggests a favorable official view of religion—suffered an unaccustomed defeat in the courts. They usually get cash-strapped local governments to do what they want by threatening legal action, whose [...]

One Word Could Destroy Catholic Education

In three amicus briefs to the U.S. Supreme Court filed last month, the bishops and Catholic educators—together with other major religious groups—urged the Court to uphold the meaning of “sex.” It’s one little word. But if the Court gets it wrong, our religious freedom could be quickly eroded. And while all Catholics and Catholic institutions [...]

Challenging the Courts: It’s Long Overdue

Governor Mike Dunleavy of Alaska made national headlines with his novel challenge to a decision by state’s supreme court, which requires the Alaskan state government to fund abortions. Dunleavy vetoed a portion of the state’s appropriation for its judicial branch: a portion equal to the amount the court requires the government to provide for abortions [...]

Why Pro-life Incrementalism Is Dead

One of the heated intra-conservative debates of late is over the benefits of different pro-life political strategies. Should the pro-life movement push for more moderate bills such as 14-week bans, or should it adopt Alabama’s approach and ban nearly everything? Should it adopt an incrementalist approach or an absolutist approach? There is a large consensus [...]

One Way to Fix the Nominating Process

Watching the Kavanaugh Judicial Committee hearing has been an unpleasant task. I have not been able to watch it all, nor have I been able to read all the details from each day. However, I think we have all learned a lot about the current condition of the United States through this process, and it [...]

Effective Pro-Life Strategies for a Post-Roe World

With the retirement of Justice Anthony Kennedy, and the nomination and all-but-certain appointment of Judge Brett Kavanaugh in his place, pro-lifers feel much more hope in realizing their dream: the reversal of Roe v. Wade and the deconstruction of one of the world’s most permissive and destructive abortion regimes. Yet some legal scholars argue that, [...]

Would a Justice Kavanaugh Defend Religious Liberty?

If one overarching theme emerged from the decisions handed down in June in the most important cases of the 2017-18 Supreme Court term, it was that the First Amendment matters. Or rather, that one particular clause of the First Amendment—the guarantee of the right of freedom of speech—matters. Whether other clauses, in particular the right [...]

The Accidental Justice

Justice Anthony Kennedy’s tenure on the Supreme Court was filled with irony. Had it not been for the smear campaign that defeated Judge Robert Bork’s nomination and the withdrawal of Judge Douglas Ginsburg’s nomination because of past drug use, Kennedy never would have risen to the judicial power he used with such gusto. Sadly less [...]

Three Things America Needs from the New Supreme Court Justice

Justice Anthony Kennedy has just announced his retirement from the Supreme Court. Everyone is talking about who will be his replacement. Much is at stake. For the liberals, it could spell the end to the precarious situation in which Kennedy’s swing vote has brought them many major victories and some small defeats. For the conservatives, [...]

The Supreme Court Deals a Blow to the Abortion Industry

The U.S. Supreme Court this week, in yet another narrow decision, this one titled, National Institute of Family and Life Advocates v. Becerra, has struck down a 2015 California law that would have forced pro-life crisis pregnancy centers to advertise abortions, that is, centers established for the very purpose of not doing abortions and providing [...]

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