The Return of Jean

Jean wrote this morning. I haven’t gotten her permission to post her astute comments. But I will mention a couple of points: Jean is right that it’s pretty misleading to lump LOCHNER with ROE and DRED SCOTT as substantive due process evildoing. The issue in LOCHNER is something over . . . . Continue Reading »

Papal Theologian on Gay Identity

In my last essay at First Things , I echoed the words of Pope Benedict writing about the pastoral care of the homosexual person by saying, “only what is true can ultimately be pastoral.”  Rev. Wojciech Giertych , O.P., the Theologian of the Papal Household, last week echoed the words . . . . Continue Reading »

TR and Progress: A Third View

So having read Bob’s post and Carl’s very thorough and elegant response, let me offer a somewhat different view on the relationship between the progessive TR and our (new kind of) progressive Justice Anthony Kennedy. So TR and TK are both about constitutional development, that’s . . . . Continue Reading »

My Reply to Patterson: TR Begat AK

Let’s hope that our (!) Jean Yarbrough, and perhaps even Scott Yenor and Ronald Pestritto will respond to Bob Patterson below. Here’s my two cents, based on an analysis of TR’s “The Right of the People to Rule” speech from 1912. The speech features both an ingenious riff . . . . Continue Reading »