Criticisms of originalism are nothing new. The frequency and intensity of originalism’s critics, however, have multiplied since the latest blockbuster Supreme Court decisions on gun rights and abortion. Berkeley Law Dean Erwin Chemerinsky has added another salvo in his new…
Ryan D. Doerfler and Samuel Moyn, professors at Harvard Law School and Yale Law School, have had it with our Constitution. In fact, they have had it with constitutionalism in general. On Friday, they wrote in the New York Times, “The real need…
Definitions matter. They matter for gaining true knowledge rather than error. They matter for our capacity to communicate with each other. In law, definitions matter for guarding our rights. If we do not know about whom or what natural justice…
Year after year, Americans commemorate our independence on the Fourth of July. We take time off work to gather with family and friends. We roast hot dogs and set off fireworks. These activities, at the least, imply that our commemoration…
Clocking in at 72 verses, Psalm 78 is one of the longest in the Jewish and Christian Psalters. At great length, it recalls the story of the Hebrew nation, focusing especially on the special, covenantal relationship between the Jewish people…
The Religious Right has left. So says National Review fellow Nate Hochman, penning a long essay in the New York Times on the declining clout of religious conservatives. The New Right that continues to gain ground within the Republican Party…
The Biden administration has canceled yet another set of student loans. This time, the government “forgave” the money owed by those who attended Corinthian College, a for-profit education group now defunct. Many have attacked this series of loan cancellations as…
Linda Greenhouse has had it with public policy arguments based on religious beliefs. In a recent New York Times op-ed, Greenhouse attacks such appeals as dangerous and un-American, arguing the U.S. now “lurches toward theocracy” because we “let God into…
Wars over education are nothing new. Just counting the last 150 years, Americans have debated the role in the classroom of Roman Catholicism, prayer, evolution, intelligent design, sexuality, and other hot-button issues, often at times when the same concerns dominated…
Justice Stephen Breyer needs to get with the program. At least that’s what many on the left think after last week. In remarks made for Harvard Law School, the Supreme Court justice threw cold water on progressives’ desire to expand…