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Search Results for: judicial supremacy – Page 3

Gorsuch

The Blindness of Justice Gorsuch’s Woke Textualism

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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.
vatican

Religious Freedom, the Church, and State Coercion

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The Church must exercise its authority over temporal matters in a way consistent with its spiritual mission, of which the exercise of temporal jurisdiction is a betrayal. The human person is drawn by nature to seek out and hold the truth whose fullness is revealed in God’s revelation in Christ, but this vision of human fulfillment implies a human subjectivity whose freedom must be respected as it seeks out the truth which fulfills it.

No, Legislatures Cannot Abolish Marriage

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Common-law marriage can never entirely be abolished. The duties of marital relations are generated and vested by the actions of the parties themselves.

(Natural) Law Matters

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A new book demonstrates both the promise and the limitations of natural law by examining the great European-civilian and Anglo-American legal traditions in which it plays a foundational role.

The Double Mommy Trap: Two Mothers and No Rights for Junior

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The double maternity two-step is a forced march. The intended destination seems to be greater personal fulfillment for adults. But if we arrive there, what will be left of the rights of children?

Unnecessary and Inappropriate Constitutional Conflict in North Carolina

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If the federal government, via the interpretive activity of one of its executive departments, can issue mandates to the states regarding bathrooms, it is hard to imagine an area of local governance shielded from federal scrutiny.
Public Discourse

Scalia at St. Thomas: Closing Arguments

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A man of deep faith and scintillating reason, Justice Scalia had an extraordinary ability to notice obvious, important truths that many overlooked. His informal remarks a few months before his death give insight into his intellect and character.
Public Discourse

Jews, Marriage, and Religious Freedom

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The same traits and tendencies that make Orthodox Jews appear uninvolved in political battles have also helped them preserve the belief that marriage is the union of one man and one woman.
Public Discourse

Did The Supreme Court Take Tennessee Courts Out of the Marriage Business?

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For a trial judge, the jurisdictional implications of the Supreme Court’s same-sex marriage decision are not matters of idle speculation. They are pressing practical questions with grave consequences.
Public Discourse

Everything You Need to Know About Constitutional Law

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Reading and understanding the Constitution is not an especially complicated intellectual exercise. It takes lawyers, judges, and law professors to turn it into something difficult and convoluted.
Public Discourse

Marriage and Equal Protection

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For the Court to strike down laws defining marriage as the conjugal union of husband and wife would be to abolish the idea that men and women matter—equally—in the lives of the children they create. And it would be both a judicial usurpation of legislative authority and a federal intrusion into a matter left by the Constitution in the hands of the states.
Public Discourse

How Sex Difference Makes a Difference: A Reply to Ilya Somin

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Courts heighten scrutiny of policies that classify people by sex and other “suspect” traits. But laws defining marriage as a male-female union are different in structure. The very form of policies based on the male-female pairing—unlike every other classification—demonstrates their connection to the common good. So courts shouldn’t subject them to the special scrutiny applied to other laws that classify by sex.
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