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Backing into Relativism

From the June/July 2019 Print Edition

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 »

The Moral Turn

From the May 2017 Print Edition

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 »

Inescapably Natural

From the March 2016 Print Edition

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 »

The Jujitsu of Same-Sex Marriage

From Web Exclusives

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 »