A Less Corrupt Term

In these unusually turbulent times for the presidency and Congress, the Supreme Court’s latest term stands out for its lack of drama. There were no 5–4 end-of-the-term cases that mesmerized the nation. There were no blockbuster decisions. Even so, the Court was hardly immune to the steady . . . . Continue Reading »

Experiments in Matrimony

Just Married: Same-Sex Couples, Monogamy, and the Future of Marriageby stephen macedoprinceton, 320 pages, $29.95 Before the Supreme Court decision in Obergefell v. Hodges, the law of most states restricted marriage to opposite-sex couples. Now that the Court has held that the Constitution . . . . Continue Reading »

The Court After Scalia

The term’s defining event was the February death of Justice Antonin Scalia. Everyone wonders how his successor will affect the future of the Supreme Court. Very soon after his demise, political controversy erupted when Senate Republicans announced that no nominee to replace Scalia would be . . . . Continue Reading »

Obergefell and the New Gnosticism

For decades, the Sexual Revolution was supposed to be about freedom. Today, it is about coercion. Once, it sought to free our sexual choices from restrictive laws and unwanted consequences. Now, it seeks to free our sexual choices from other people's disapproval. Continue Reading »

Punching Down

On January 20, a federal appeals court heard arguments in the highly publicized case of Kimberly Jean “Kim” Davis, county clerk of Rowan County (population 23,000) in mountainous northeastern Kentucky. There were many legal issues at stake—discrimination, sexual equality, religious . . . . Continue Reading »

Dignity v. Freedom

Justice Kennedy concluded his majority opinion in Obergefell v. Hodges with this summary: Gay couples “ask for equal dignity in the eyes of the law. The Constitution grants them that right.” “Dignity” appears several other times in the opinion. Prior to the twentieth century, Kennedy . . . . Continue Reading »

Uncovering the History of the Abortion Debate

On the 40th anniversary of Roe v. Wade, the Supreme Court’s 1973 decision legalizing abortion, Justice Ruth Bader Ginsburg announced her misgivings about the ruling. As a distinguished champion of what the left euphemistically calls “reproductive rights,” Justice Ginsburg was never going to critique the decision on moral grounds; the problem for Ginsburg, rather, was tactical. In her eyes, by running ahead of the people, the now-infamous 1973 decision gave “opponents of access to abortion a target to aim at relentlessly.”