the imaginative conservative logo

Supreme Court

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...
3 615

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...
6 1743

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...
3 1169

Textualism is a compromise, or rather a lowest common denominator, that can allow for a renewal of the rule of law. Still, it rests on a great loss—that of the common mind of our people...
2 3126

If President Trump performs on his promise to appoint sensible Justices to the United States Supreme Court, and should Roe v. Wade thus fall, this will only be the beginning of a veritable war by the abortionists on the courts, legislatures, and public...
1 4642

It is an unfortunate truism that the longer one remains in the legal profession, the less educated he becomes. The law, as the saying goes, is a jealous mistress: She does not permit...
4 2979

The Supreme Court recently heard oral arguments in the case of Little Sisters of the Poor v. Burwell. This is a case in which a small order of nuns is...
1 1111

Abortion that is “safe and legal” is a fallacy, though it is the perversion of truth that moral relativists rely on in pushing their escapist, liberal agenda of inconsequentialism. As murder, abortion is never safe...

Antonin Scalia’s defense of the Constitution was rooted in a determination to let the law speak for itself. His “textualism” took its motive force from the simple idea that a judge’s job is to apply the...
1 1081

In Federalist 51, James Madison wrote that “if men were angels, no government would be necessary.” No public figure of his generation was more acutely aware of this principle than Antonin Scalia,...
4 1724

I remember talking with a neighbor back in 1970 or so, telling him how my wife had written this blistering letter taking Sears, Roebuck to task for their immoral and incompetent handling of our account. He said, “That’ll...
1 2922

It’s campaign season again. Rand Paul, Ted Cruz, Hillary Clinton, and Marco Rubio have already announced their bid to become president. More politicians are expected to follow suit. These candidates will, we can be sure, equivocate,...
0 7219

Natural law seems an unlikely topic for extensive television coverage, nor would one expect United States senators to develop high anxiety over the subject. Yet the confirmation hearings of Justice Clarence Thomas brought both of those improbable events...