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Public Discourse

The Case of the Pro-Life Movement: On Demography and Marriage

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The future of marriage in the United States may look grim, but so did the pro-life cause look forty years ago. Embattled social conservatives should find hope in the demographic shifts that trailed the legalization of abortion.
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The Fundamental Case for Parental Rights

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Parents have a fundamental right to raise and educate their children as they see fit. Their authority precedes that of the state.
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Governor Sandoval Takes A Dive In The Nevada Same-Sex Marriage Case

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Nevada’s governor and attorney general have engaged in a cynical political ploy to undermine a decision by the people of Nevada to retain a sound understanding of marriage.
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The Feminist, Pro-Father, and Pro-Child Case against No-Fault Divorce

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No-fault divorce hurts women, men, and children. So why is it still legal?
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The Religious Liberty Case Against Religious Liberty Litigation: Renewed Focus on Reasonable, Not Sectarian, Arguments

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Religious liberty litigation against the HHS mandate undermines the initial, reason-based arguments of religious objectors. Objectors would do well to refocus the debate on those arguments. The second in a two-part series.
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The Religious Liberty Case Against Religious Liberty Litigation: Non-Universal Exemptions and Judicial Overreach

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Current lawsuits against the HHS contraceptive mandate may undermine religious liberty in the long run. Not all religious objectors to the mandate are likely to be exempted even if the lawsuits are successful, and judges violate the core meaning of religious liberty when they assess plaintiffs’ religious character. The first in a two-part series.
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The Surrogate Uterus: The AGR Case and Melissa Brisman

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The question of surrogacy has always been more about us than about the participants in the relationship. Will we use the power of the people to take a child from the arms of her mother when the mother is perfectly fit, loves her child, and desires to discharge her duties to her child?
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Experts and Virtuosi: A MacIntyrian Case for Excellence

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True authority plays a necessary role in our moral lives, and, when it is distributed according to respectable standards of excellence, it ennobles both those who direct it and those who are directed by it.
Public Discourse

Casey at Twenty: Pro-Life Progress Despite a Judicial Setback

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Since Planned Parenthood v. Casey, the pro-life movement’s incremental strategies—strengthening parental consent laws, advancing legal protection on the basis of fetal pain, and defunding Planned Parenthood—give us reason to be optimistic about the future of the pro-life movement.
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Casey at Twenty: Lessons from a Judicial Disaster

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The lesson of Casey is that the nomination and confirmation of judges with a sound judicial philosophy is an essential foundation stone of a culture of life.
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Casey: Enduring, Entrenched, Intentionally Evil Egregious Error

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Casey is not a sound exposition of the Constitution, and its authority should be repudiated by all other actors in our constitutional system The second in a two-part series on the deadly significance of Planned Parenthood v. Casey
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Planned Parenthood v. Casey at Twenty: The Worst Constitutional Decision of All Time

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In its effects, methodology, substantive doctrine, conception of the judicial role and of judicial authority, and conception of what constitutes the rule of law, Casey is terribly significant and terribly wrong. The first in a two-part series on the deadly significance of Planned Parenthood v. Casey.
Public Discourse

Should Libertarians Be Conservatives?: The Tough Cases of Abortion and Marriage

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The libertarian commitment to free markets and limited government is best preserved within a broader conservative context.
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The Libertarian Double-Face and the Case for Conservatism: A Reply to Wenzel

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Conservatives value individual liberty as much as libertarians, but they deny that freedom from coercion is the only form of liberty.
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The Most Important Religious Liberty Case of the Past Thirty Years

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Freedom of religion means the right of religious persons, groups, and ideas to participate fully and equally in the life of the community and in the marketplace of ideas.
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An Economic Case for More Kids?

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Bryan Caplan’s latest book argues that we don’t need to over-invest time and money on our kids, because our lasting influence on their characters is negligible, while their contribution to our material well-being is significant.
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A Realist Philosophical Case For Urbanism and Against Sprawl: Part Two

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Arguments for traditional urbanism are de facto truth claims about nature and human nature, and point to and are supported by the natural law. Why we can and should think normatively about our building patterns. Part two of two.
Public Discourse

A Realist Philosophical Case For Urbanism and Against Sprawl: Part One

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Arguments for traditional urbanism are de facto truth claims about nature and human nature, and point to and are supported by the natural law. Why we can and should think normatively about our building patterns. Part one of two.
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The Progressive Case for Conscience Protection

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Have progressives abandoned the liberty of conscience?
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The Quranic Case Against Killing Apostates

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A leading Muslim scholar questions whether foundational texts of Islam really do prescribe death for leaving Islam.
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The Gold Standard: A Principled Case

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In charting our future monetary policies, we should remember the trade-offs of competing alternatives.
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Diversity and Discrimination in the Case of the Christian Legal Society

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Our struggle to identify the sort of diversity that is conducive to a vibrant, participatory, and just society is primarily a political inquiry, not a constitutional one.
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What Makes a Woman a Woman: The Case of Caster Semenya

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Sugar, spice, and everything nice or snaps, snails, and puppy-dog tails? A controversy over a South African runner makes us ask what boys and girls are made of.
Public Discourse

The Pro-Life Case Against Barack Obama . . . and Doug Kmiec

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The Obama apologists are at it again, this time attacking Archbishop Charles Chaput for speaking out against their candidate's pro-abortion views. But the latest salvo from Doug Kmiec is a tangled web of falsehoods and fallacies.
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