Hadley Arkes

It is very much in the air now, with a deep hope on one side and a grim resignation on the other, that the holding in Roe v. Wade will not survive this year. Conservatives seem sure that something decisive is about to happen because they have helped to put on the Court the judges who can . . . . Continue Reading »

The reasoning of jurisprudence is essentially beside the point. For reasons of their own, the judges will do what they wish to do. Continue Reading »

A closer look at Gorsuch’s own words may reveal a judge deceiving himself along with everyone else. Continue Reading »

Bostock struck at the very root of the law in denying the necessary way in which human beings by nature must be constituted. Continue Reading »

The effects of Harris Funeral Homes v. EEOC will ripple out widely in our country, touching and disfiguring our private lives. Continue Reading »

Media figures have skirted around the ugly realities of abortion legislation. Continue Reading »

We have just come through a year with the Supreme Court in which the defenders of religious freedom racked up a string of famous victories. Famous, at least, to those who rejoiced in the outcomes and hoped that they foretold something lasting. But there are grounds to be less than cheered when we . . . . Continue Reading »

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 »