Category Archives: Judiciary

Justice Scalia, Parental Rights, and the Constitution

This blog post reproduces an e-mail from criticizing Justice Scalia for being unwilling to use the power of the Supreme Court to protect parental rights.  The e-mail notes that Scalia recently told a group of law students that not all important rights are actually contained in the Constitution.  He noted as an example the […]

Ten Commandments in Oklahoma

Ten Commandments monuments stand outside courthouses and statehouses all across the USA. They go back to the beginning of our country. This is fitting, since the legal structure of the Western world is built on those ten commandments. For the first two hundred years of our republic, the only controversy was an occasional argument about […]

Catholics, Capital Punishment, and the Constitution

Catholics who feel called to seek abolition of capital punishment should do so in a way that respects the Constitution of the United States.  This is the point of an article I have in the most recent issue of First Things, which is available here (behind their paywall).  For those who are interested, here is a […]

Catholic Hardware Store Sued for Refusing to Sell Gay Extension Cord

The Catholic owners of “Joe’s Hardware” in Atchison, Kansas are defending themselves against a federal lawsuit that accuses them of violating equal protection laws because they refused to sell a same-sex extension cord to a customer last month. The plaintiff in the lawsuit is Flip Rosco, a poodle trainer from Greenwich Village.  During a press […]

On Marriage, Catholics Stand with the American Founders

This Fourth of July, American Catholics might feel that they no longer fit so comfortably within America.  After all, Catholics hold that marriage is a union between a man and a woman, but the Supreme Court has just ruled that it is unconstitutional for this view to be embedded in the law.  Nevertheless, Catholics should […]

Justices Kennedy and Ginsburg Argue Against Same-Sex Marriage

On Tuesday, the Supreme Court heard oral arguments in Obergefell v. Hodges, which will go down in history as either the next Roe v. Wade or the next Dred Scott, depending on how it is decided and which side you are on–and it may surprise the advocates of same-sex marriage that there are in fact […]

Alexander Hamilton and the Health Care Challenge

The founders are almost always relevant, even to our most up to date concerns.  This is true not because they could anticipate all those concerns, but because they had thought through principles that often apply to a wide variety of concerns, at whatever time.  This is especially the case when the concerns take the form […]



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