Human life is not too controversial

The rhetorical case for protecting the unborn has succeeded. The debate is over.  It would be, that is, had the Supreme Court not issued – in Justice Ruth Bader Ginsburg’s own words – a “difficult to justify,” “heavy-handed judicial intervention” in Roe v. Wade 40 years ago.  Today, nearly two-thirds of Americans support making abortion…

Prop 8 stands?

Consider this: 1.  The Supreme Court today ruled in its opinion holding DOMA unconstitutional that the states are entitled to decide their own marriage laws.  Assume this is not a meaningless statement – a “bald, unreasoned disclaimer,” as Justice Scalia called it.  (This may be asking much of those who recall the majority opinion author’s…

How do you interpret a constitution?

The biggest cause of confusion faced by Originalists—the folks who think the Constitution means what it originally did in the late 1700s—isn’t the one you’d probably guess at first.  You’d probably guess it has to do with how we can know what 18th century Americans were thinking.  And how can anyone know what Americans more…

Irregular Constitutional Order

I’ve seldom agreed with Hugh Hewitt so strongly—and readers know I agree with him a lot—as I do on repealing the medical device tax through regular constitutional order and not the usual rendering of pig lips and cow parts.  Hewitt has a post today on the issue at his blog.  Here’s a key exchange from…

The judge as moral philosopher

Reviewing Supreme Court Justice Antonin Scalia and Bryan A. Garner’s Reading Law: The Interpretation of Legal Texts in the Claremont Review of Books, David Forte exposes Justice Scalia’s famous legal positivism as moral philosophy by another name.  “They call false,” Forte writes of Scalia and Garner, “the ‘notion that the quest in statutory interpretation is…

Gosnell and our inadequate public discourse on abortion

Tim Carney wrote yesterday that when Obama was a state senator, he “repeatedly voted against legislation requiring hospitals to care for babies born during abortions” because “[s]uch laws might somehow be used in the future to infringe on abortion’s legality.”  Carney argues that “Gosnell’s method for aborting babies wasn’t substantially different from a procedure Obama…

New New Deal, same old Turkey Farm

In the latest Claremont Review of Books released this week, William Voegeli reviews Time magazine reporter Michael Grunwald’s The New New Deal: The Hidden Story of Change in the Obama Era.  Voegeli’s review is worth reading as usual, but I am excerpting this passage quoting Grunwald’s account of the sclerotic legacy of New Deal bureaucracy for…

Can we agree that THIS is wrong?

This seems like a good way to ease back into blogging after a long absence.  Planned Parenthood of Delaware faces “allegations of unsafe and unsanitary conditions” as witnesses report a failure to wear gloves, use of unsterilized instruments, and unclean surfaces.  This April 9 story ran on ABC’s local Action News program in Philadelphia.  What…