Many on both the left and the right tend to speak of systemic racism simply as a 0/1 state: either the system is fundamentally and inextricably racist or it is not racist at all. But recognizing distinct mechanisms at play in a racialized system should help us see systemic racial bias as a matter of degrees—as something that can improve or worsen over time. Indeed, research suggests that racial disparities have been declining over time, though there is no guarantee of inevitable progress, and our present situation makes it clear that we still have a long way to go.
Neither the intent nor the letter of the Civil Rights Act, nor the Court’s own jurisprudence, compels sex blindness. The judges who have failed to see this truth are not “woke.” They’re asleep on the job.
Technology may permit us to supplement, but it should not lead us to discard, the personal Socratic education that does full justice to human nature and has contributed so much to the development of our civilization.
Catholic social teaching can serve as an important source of wisdom about how to order personal action and social policy toward the ultimate ends of human life. Still, invoking this tradition does not obviate the need for detailed and mundane policy debate.
The temptation to shoot a wayward cop for victimizing an unarmed civilian may be very real. But it is precisely by refusing this temptation and hewing to the better angels of our nature—winged not with retaliatory violence but with patience and love—that society will change.
All the science in the world does not answer the deepest questions of political importance. Pretending that questions of political priority are merely technical or scientific questions is the lie of modern times. Conservatives must relearn this lesson in order to defend essential public goods like marriage and the family.
Bernie Sanders has openly declared “democratic socialism” as his guiding political and economic vision. Yet democratic socialism is incoherent as a philosophy and toxic as a way of economic and civil organization. It inevitably collapses into the abusive and destructive twentieth-century socialism we are familiar with. We should reject it unconditionally.
Could a new national conservative coalition enable Burkean conservatives to harness populist energy, using public policy to strengthen the core American institutions of family, religion, and country? Or will it inevitably degenerate into dehumanizing racism and xenophobia?
Alexis de Tocqueville showed that socialism’s errors go far beyond bad economics. But his criticisms should remind today’s advocates of markets that they must promote stronger normative cases for capitalism.
Justice Ginsburg’s claim in Masterpiece Cakeshop is deeply troublesome and problematic. Mistakenly asserted, it adds to the aggravated polarization within the United States.
Abraham Kuyper’s teachings help us to rightly value the created order. They also help us understand the ways in which the “common grace” of God preserves the social order through the state, the family, and the dignity of individual work.
We might call Neil Gorsuch a natural law originalist: a jurist who believes that the content, motivation, form, and impact of the Constitution that he’s called upon to uphold and of the laws he must fairly interpret are—for the most part—sound expressions of the account of human good and human dignity to which he subscribes.
The “real human person” was the persistent subject of Michael Novak’s life’s work. Novak wanted real, gritty, ordinary persons, in ordinary life, and he wanted a political and economic order for those real, gritty, ordinary persons.
Witherspoon and Madison’s Calvinist theology and political philosophy imparted a firm belief that self-interest could be harnessed, ambition checked, and power balanced within government so that liberty and the common good were made secure.
When picking a Supreme Court justice, the next Republican president should look to federal appellate judges who have also served on a state supreme court.
Despite arguments to the contrary, pro-lifers simply cannot support federal funding for Planned Parenthood. If the price for a seat at the public justice table is taxpayer funding for the nation’s leading abortion provider, it may be time to think about another table.
The roots of today’s judicial activism stretch back one hundred years to the appointment of controversial Supreme Court Justice Louis Brandeis, a champion of “sociological jurisprudence.”
Both the majority opinion in last summer's same-sex marriage case and recent public statements point to a troubling lack of coherence in Justice Anthony Kennedy's thinking.
An article in the Journal of Clinical Oncology on the just price of cancer drugs in the United States contains an odd reference to a nonexistent book by Aristotle. Unraveling the origins of this error reveals an almost farcical series of misinterpretations.
As a legal opinion, Obergefell is an utter failure, relying as it does on a tenuous and historically ungrounded jurisprudence of “dignity.” The debate over same-sex marriage is not over. A constitutional ruling so shoddily reasoned, so completely and easily dismantled by the dissents, must paper over a cause that cannot ultimately win in an open debate.
Antonin Scalia is one of the most brilliant, principled, sound, and thoughtful jurists ever to sit on the Supreme Court. But twenty-five years ago today, his legal skills utterly failed him.
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