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Supreme Court

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,...

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...
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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...
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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...
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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...
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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...
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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...
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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,...
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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...