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Supreme Court

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The Supreme Court apotheosized the right of privacy in its now-famous words: "At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life"... Editor's Note: This essay continues

Despite candidate Donald Trump’s explicit promise to appoint justices who would vote to overturn Roe v. Wade, as president he declared in his introduction of Brett Kavanaugh that, “like Ronald Reagan,” he did not ask potential nominees where they stood on controversial cases...
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Would the confirmation of Brett Kavanaugh have a profound impact on the jurisprudence of the Supreme Court? In other words, would his addition to the Court eventually have a broad and historic impact equal to that of Justice...

The paradigm motivating Justice Kennedy’s jurisprudence is of an individual who must be protected by the courts from all outside pressures. The result has been increasing hostility toward the fundamental institutions on which our constitutional order relies...

With the Supreme Court's decision in Gill v. Whitford, the door is now open under the right political circumstances for state courts to take over political redistricting. And the constitutional changes will be permanent... In the Wisconsin political-gerrymandering...
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Though Masterpiece is a decision upholding religious liberty, the Supreme Court's ruling makes it clear that free speech about homosexuality does not enjoy broad protections... In the first of two momentous cases on its docket as to whether...
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By state law, the state of California is now forcing pregnancy-support centers, whose sole purpose for existence is to offer alternatives to abortion, to “conspicuously” notify pregnant women of where they can receive abortions. The centers have objected...
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With a “clear, plain, and palpable” eagerness to seize control of the Pennsylvania congressional map in time for the 2018 mid-term elections, the Pennsylvania Supreme Court has gone beyond judicial activism and joined with the Democrats in their...

If governments can directly instruct families about what to believe concerning homosexuality and about the correct frame of mind to have in conducting daily business, it is hard think that the policies and practices of religious schools and other institutions, like hospitals, will be left alone...
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In the potentially momentous case considering the issue of “political gerrymandering,” the Supreme Court last week spent almost no time discussing and demanding that the litigating parties address the language of the Constitution. In Gill v. Whitford,...
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It is understandable that confirmation hearings should sometimes become contentious and even partisan. But the past half-century has seen the infection of the process by serious contentions that go to the heart of constitutional governance itself... Confirmation hearings...
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Freedom of speech and press is the lifeblood of a free society. And the abuse of free speech, however outrageous, is the price we must pay for this freedom... Recently, I was asked by a federal judge...

Only with a conservatism anchored in the presumptions and principles of the Founders, in their understanding of constitutionalism and in the proper functions of each of the branches, are we prepared to do battle with the children of the Enlightenment...
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That a district judge would overrule the President of the United States on a matter of border security in wartime is absurd. And only someone ignorant of history can view President Trump’s disparagement of the judge blocking his travel ban as frightening...