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Shortcircuiting Consensus

A political system, along with such supportive traditions as the rule of law and loyal opposition, is supposed to be a durable fixture on the political landscape and ought not to be changed lightly. It should be amended only when a favorable consensus can be achieved, and if that consensus is not forthcoming, then the constitution remains as it is. Continue Reading »

Some Words Against Despair

Many social conservatives are rightly disappointed and dismayed by the Supreme Court’s ruling in Obergefell v. Hodges, which effectively legalized same sex marriage in all 50 states. Many pundits—even those who disagree with the decision—are already advising conservatives to . . . . Continue Reading »

Roe's Pro-Life Legacy

Roe v. Wade did far more than create a constitutional right to abortion—it crippled the pro-choice and energized the pro-life movement, creating one of the largest campaigns of moral suasion in American history. Even while nationalizing abortion politics, the Supreme Court’s decision also . . . . Continue Reading »

As Justice Kennedy Said …

When Samuel Alito replaced Sandra Day O’Connor on the Supreme Court in 2006, observers predicted that Anthony Kennedy would quickly become the key figure in the nation’s jurisprudence. And recent terms have confirmed those predictions: Across a wide range of controversial constitutional issues, . . . . Continue Reading »

Roe: Twenty-Five Years Later

Twenty-five years ago, on January 22, 1973, the Supreme Court of the United States, in what numerous constitutional scholars have called an act of raw judicial power, abolished the abortion laws of all fifty states. The news went out that the Court had settled the controversy over abortion. A . . . . Continue Reading »

Abortion and Political Compromise

Roe v. Wade is clearly in for substantial pruning—possibly even an outright overruling—in the near future. Thus the ball, so to speak, will be in the pro-life court. As James Davison Hunter’s article in this issue reminds us, Americans do not accept the positions of either the . . . . Continue Reading »

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