Nathan Schlueter Readers of First Things should by now be well-acquainted with the heated national debate-in part inspired by these very pages-over the role and legitimacy of the modern Supreme Court, armed with the power of judicial review, in a country that proclaims itself to be self-governing. . . . . Continue Reading »
When the Supreme Court packs up its bags at the end of June each year, court watchers invariably scan the year’s work for evidence of ideological trends. In keeping with the myth that the current Court is “conservative,” the public is generally regaled with a chorus of alarms or expressions . . . . Continue Reading »
This last term of the Supreme Court brought home to us with fresh clarity what it means to be ruled by an oligarchy. The most important moral, political, and cultural decisions affecting our lives are steadily being removed from democratic control. Only Justices Antonin Scalia and Clarence Thomas . . . . Continue Reading »
Religious Liberty in the Supreme Court: The Cases that Define the Debate over Church and State terry eastland november 1995, eerdmans, $31.50For all their concern about the rise of anti-democrats in post-Soviet Russia, when it comes to the decisive excellence of the American regime our . . . . Continue Reading »
Religious litigants claimed victories in all four cases involving religious freedom to reach the Supreme Court this past term. Far from clear, however, is whether any of these hard-fought legal wins represents significant progress for citizens resisting the cultural forces bent on constricting the . . . . Continue Reading »
When President Bush nominated Judge Clarence Thomas to a vacancy on the United States Supreme Court, liberals opposed to confirming the nomination at first directed critical scrutiny to statements the nominee had made in favor of employing “natural law” in constitutional interpretation. The . . . . Continue Reading »
On June 24, 1992 the Supreme Court handed down Lee v. Weisman, a decision that declares officially sponsored prayer at the graduation exercises of government schools to be unconstitutional. The following article is the previously unpublished text of an address given by Father John Courtney . . . . Continue Reading »
Surely, one may devoutly hope, Justice Scalia exaggerates. In his dissent from Planned Parenthood v. Casey (joined by Rehnquist, Thomas, and White), he develops the analogy between this case and the infamous Dred Scott decision of 1857. What happened then is, in ways . . . . Continue Reading »
June 17, 1948 Recent decisions of the Supreme Court have extended the meaning of the constitutional prohibition of an establishment of religion so that any action by the state that is intended to benefit all religious bodies without discrimination is forbidden. This development of the conception of . . . . Continue Reading »
Religion remains a divisive issue on the Supreme . . . . Continue Reading »
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