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"The Conservative Legal Movement Sputters" -- Josh Hammer in the Spectator World

By The James Wilson Institute • Apr 20 2022

Taking an honest look at today's conservative jurisprudence, Josh Hammer calls for a return to the Bible, natural law, and the substantive precepts underpinning our constitutional order. Some excerpts: "A sober, empirical assessment…

"What the Hearings Missed" -- Hadley Arkes at The American Mind

By The James Wilson Institute • Apr 13 2022

In the aftermath of Judge Jackson's nomination to the Supreme Court, Hadley Arkes analyzes the Senate hearings. Despite some well-timed questions, Republicans ultimately missed their chance to put Judge Jackson on the record defending the…

"'It’s Good (Not) to be the King': Qualified Praise for Michael McConnell" -- Garrett Snedeker

By The James Wilson Institute • Mar 18 2022

Anchoring Truths co-founder Garrett Snedeker offers qualified praise for Prof. Michael McConnell's recent book on executive power under the Constitution. While McConnell argues convincingly for public meaning originalism, he implicitly…

"Once More Unto the Breach" -- Hadley Arkes

By The James Wilson Institute • Mar 7 2022

In a response to Ed Whelan’s critique of “On Overturning Roe,” Prof. Arkes insists that the moral argument against Roe is the only logical one for judges who believe in the deep wrong of abortion. The pro-life cause rests on objective…

Podcast at First Things: Hadley Arkes and R. R. Reno discuss “On Overruling Roe”

By The James Wilson Institute • Mar 3 2022

Professor Hadley Arkes and First Things editor R. R. Reno talk about Arkes’s recent article, “On Overruling Roe,” focusing on originalist jurisprudence, the relevance of natural law to abortion, and the Dobbs case. firstthings ·…

"Breaking the Sotomayor Mold" -- Kody W. Cooper

By The James Wilson Institute • Feb 25 2022

Kody Cooper argues that a new justice in the mold of Sotomayor would fail to pass the "test of truth" when it comes to abortion, religious liberty, and takings. Some excerpts: "In the wake of Justice Breyer’s retirement…

"Justice Byron White and Abortion" -- Hadley Arkes in The Catholic Thing

By The James Wilson Institute • Feb 24 2022

Responding to Richard Doerflinger's critique of "Waiting for Dobbs," Prof. Arkes asserts that conservative justices could successfully outlaw most abortions by returning to Justice White’s standard: only abort to save the mother’s life. At…

"Originalism Is Not Enough" -- Hadley Arkes in Claremont Review of Books

By The James Wilson Institute • Feb 17 2022

In a review of Drakeman’s The Hollow Core of Constitutional Theory: Why We Need the Framers, Prof. Hadley Arkes contends that, when debating moral issues such as abortion and freedom of religion, judges should look beyond the text of the…

"On Overturning Roe" -- Hadley Arkes in First Things

By The James Wilson Institute • Feb 15 2022

Comparing abortion to slavery, Hadley Arkes explains how conservative jurisprudence has obscured the central issue of abortion--the killing of small lives--by referring the decision to the States. Though popular, such traditional…

"The Smith Case, Religious Freedom, and Originalism" -- Christopher Wolfe in Public Discourse

By The James Wilson Institute • Feb 10 2022

Responding to the Fulton decision, Christopher Wolfe argues that conservative judges who wish to uphold originalism should not overturn Smith. Some excerpts: "The Smith opinion was written by Justice Antonin Scalia, the greatest…

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