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The Supreme Court’s Mistaken and Misguided Sex Discrimination Ruling

Justice Gorsuch’s position would either require the elimination of all sex-specific programs and facilities or allow access based on an individual’s subjective identity rather than his or her objective biology. When Gorsuch claims that “transgender status [is] inextricably bound up with sex” because “transgender status” is defined precisely in opposition to sex, he presumes the very sex binary his opinion will help to further erode.

Was It All for This? The Failure of the Conservative Legal Movement

The bargain has never been explicitly articulated, but religious conservatives know what it is. The bargain is that you go along with the party establishment, you support their policies and priorities—or at least keep your mouth shut about it—and, in return, the establishment will put some judges on the bench who supposedly will protect your constitutional rights to freedom of worship, to freedom of exercise. How has that worked out for us?

Where (Not) to Begin with the Common Good

The common good is the flourishing of a community qua community. Every community is built around a common end, which is simply that it excel, in justice, as whatever kind of emergently real community it is. The common good is primarily a practical idea, but if our starting point is too practical we are apt to miss the challenge that the common good poses to the modern political imaginary. On the other hand, a starting point that is too metaphysical will fail to engage the real questions of common life.