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Kennedy’s Last Term

Twenty-eighteen brought the end of Justice Anthony Kennedy’s tenure on the Supreme Court. We are now entering a period of uncertainty about American constitutional law. Will we remain on the trajectory of the last half-century? Or will the Court move in a different direction? The character of the . . . . Continue Reading »

Neuhaus Was Right

As the Berlin Wall fell, Francis Fukuyama proclaimed the end of history—“the universalization of Western liberal democracy as the final form of human government.” Richard John Neuhaus wasn’t so sure. In a 1996 symposium on judicial overreach, he questioned the . . . . Continue Reading »

Leaping Headfirst Into the Smith Trap

Richard John Neuhaus has joined the chorus of those singing a lament to the death of religious liberty (“Polygamy, Peyote, and the Public Peace,” October 1990). The cause of the choir’s mournful tune is the Supreme Court’s decision in the so-called peyote case, Employment Division v. . . . . Continue Reading »

Abortion Politics

A funny thing happened on the way to last November’s elections. Pundits who throughout the summer had billed the elections as the first post-Webster “referendum on abortion” increasingly argued, as fall rolled around, that abortion had “faded” as a decisive issue for voters. Some of this . . . . Continue Reading »

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