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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 »

Lincoln on Judicial Despotism

After the Supreme Court’s landmark 1954 decision in Brown v. Board of Education ordering the desegregation of public schools in Topeka, Kansas, lawsuits promptly were brought to dismantle legally sanctioned segregation in other states. One of these was Arkansas. There, Governor Orville Faubus and . . . . Continue Reading »

The End of Democracy? Our Judicial Oligarchy

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 »

Liberalism vs. Religious Freedom

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 »

The Constitution and the Erotic Self

The history books tell us that Gavrilo Princip, the Serbian nationalist who shot and killed Austrian Archduke Francis Ferdinand in 1914 at Sarajevo, started World War I by providing the occasion, or excuse, for the release of long-smoldering political tensions and ambitions. Thus can small trickles . . . . Continue Reading »

Editorial: What Can Be Asked of a Judge

A number of important questions touching on religion and public life were raised early on in connection with the nomination of Judge Clarence Thomas to the Supreme Court. One set of questions has to do with his Catholic background, the other with some public statements he has made regarding the role . . . . 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 »

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