Hadley Arkes

I’m relieved by the outcome in NIFLA v. Becerra, but the opinions in the case are bereft of any premise or reasoning that would help to plant or even support the pro-life argument. Continue Reading »

The argument that most of the Court was willing to settle on in defense of Jack Phillips was a massive moral irrelevance. Continue Reading »

For some conservatives, bracing themselves on the night of the election, the evening offered nothing less than a miracle unfolding. But that sense of things was even more pronounced for young lawyers defending religious plaintiffs in the courts, and for the small band of conservatives on the Supreme . . . . Continue Reading »

I yield to no one in my recoil from Donald Trump. But for anyone who shares the perspectives of the Republican Party, far more is involved here than aversion to an implausible candidate. A conservative should have an interest in repealing and replacing Obamacare, a program that tends inexorably to the political control of medicine. Continue Reading »

Justice Oliver Wendell Holmes gave voice to the “modern” project in law: It would be a gain, he said, “if every word of moral significance could be banished from the law altogether, and other words adopted which should convey legal ideas uncolored by anything outside the law.” The law would . . . . Continue Reading »

Hadley Arkes remembers his friend.
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There has been no want of “writing on the wall” about the upcoming cases on marriage. Justice Clarence Thomas could not help but remark on the point that a majority of his colleagues had already, and gracelessly, signaled their “intended resolution of that question.” And yet, writers and lawyers on both sides continue to expend their genius in writing briefs for the Court, clinging to the possibility that the words they set down may yet tip the balance. Continue Reading »

Few among us concerned for the defense of religious freedom can doubt that these have become dark times indeed. Most recently, arguments have been brought before the Supreme Court—there has been a veritable cascade of briefs—against the government on Obamacare. Many of these have one way . . . . Continue Reading »

Past the politics of Obamacare”the tawdry buying of votes, the spectacle of representatives in a republic passing into law bills of two thousand-plus pages they had never been able to read”past all of that, there was an understanding, shared by both sides, that this was not merely a . . . . Continue Reading »

Our friends at the Wall Street Journal have just celebrated the decision of the Supreme Court this past week for vindicating “Free speech for Jerks”: The Rev. Fred Phelps and his merry band have drawn the attention of the media as they have gone about staging demonstrations at funerals, and using those occasions as platforms for denouncing, in raw terms, homosexuals, the Catholic Church, the military, and American interventions abroad… . Continue Reading »