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Articles
The Unexpected Vocation
The following essay is adapted from a commencement address given at Ave Maria School of Law in Naples, Florida, on May 12, 2024. I have attended many law school...
Life After Dobbs
The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated that authority. We now overrule those decisions and return that...
Downstream from Dobbs
The Supreme Court’s June reversal of Roe v. Wade in Dobbs v. Jackson Women’s Health Organization could mightily influence the coming midterm elections. Many Democrats hope so. To help...
What Comes After Roe
Today, the Supreme Court ruled in Dobbs v. Jackson Women’s Health Organization that “the Constitution does not confer a right to abortion. Roe and Casey must be overruled.” Almost...
Our Divided House
Crisis of the Two Constitutions: The Rise, Decline, and Recovery of American Greatnessby charles r. keslerencounter, 488 pages, $34.99 Speaking to a Baltimore audience in 1864, Abraham Lincoln made...
Grimm Indeed
On June 28, the Supreme Court declined to hear the case of Gloucester County School Board v. Grimm. It takes four justices’ votes to grant review. In Grimm there...
Fulton and the Future of Religious Liberty
After receiving more than 2,500 pages of briefing and after more than a half-year of post-argument cogitation, the Court has emitted a wisp of a decision that leaves religious...
Dobbs to be Decided
The Supreme Court announced yesterday that it will decide Dobbs v. Jackson Women’s Health Organization. Dobbs is a Mississippi abortion case that pro-lifers have long hoped—and pro-choicers long feared—that...
An Opportunity to Overturn Roe
When Amy Coney Barrett was sworn in last October as a Supreme Court justice, many hoped and others feared that the fuse was lit on Roe v. Wade. Many...
Moral Constitutionalism
On June 15, 2020, the Supreme Court held that the 1964 Civil Rights Act’s ban on workplace discrimination on the basis of sex proscribed not just differential treatment of...
Biden’s Promise to Codify Roe
It is finally settled that Joseph Biden will become president of the United States on January 20 at about noon. His party, in its presidential platform, has promised to...
Therapeutic Jurisprudence
After the 1973 decision Roe v. Wade, a crisis of meaning emerged in opinions of the United States Supreme Court dealing with reproduction and sex. The law became less intelligible...
In the Case of Martha Nussbaum
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The Constitution and the Erotic Self
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Academic Integrity Betrayed
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