For centuries, judges, lawyers, and legislators agreed that the object, end or purpose of the law—more precisely, the “mischief” that it was enacted to overcome—is crucial for determining its meaning. Any uncertainties in the meaning of the terms employed by the lawgiver must be resolved in accord with general custom and common usage at the time the law was enacted. Bostock is the most recent example of the Supreme Court violating this foundational principle of the rule of law.
Author: Robert Lowry Clinton (Robert Lowry Clinton)
Supporting crony capitalism weakens the appeal of social conservatism; it is difficult to hold the moral high ground on abortion and marriage while defending exploiters of the poor and oppressed.
Faced with an increasingly democratic political system, American elites have turned to the courts as an alternate means of enacting their political and constitutional agenda.