President Donald Trump has lost ground in the arena that gave him a victory four years ago: Main Street. Recent headlines are not shy in proclaiming this. But he can win Main Street back if he would commit to reining in Wall Street. A commitment to separate commercial and investment banking through a reinstated Glass-Steagall...
Immanentizing the eschaton via Obergefell v. Hodges, Justice Anthony Kennedy has achieved his long-sought goal—namely, to be to 21st-century America what Bonaparte was to 19th-century Europe. In respectable quarters Justice Kennedy is considered a world-historical personage, having made the oxymoron “same-sex marriage” the law of the land. Several years ago, in a letter to the...
In the 2012 election, same-sex marriage made gains at the ballot box for the first time—however narrowly—in all four states where “marriage equality” was presented to the voters for decision. Have the American people been successfully fooled? Maybe the more germane question is, Are large numbers of the American people self-deceived about homosexuality? We must...
IN THE SUPREME COURT OF THE UNITED STATES On Writ of Certiorari to the Court of Appeals June 21, 2017 Justice Breyer delivered the Opinion of the Court. Sheila X is a single woman living in San Diego. Shortly after giving birth to a child, she received her Law School Admission Test scores. ...
You may be taken aback by the first part of my title, but do not be. Wool, after all, is that which warms us. In the Ice Age, pulling wool over the eyes was tantamount to survival. That sense lingers in the phrase “pull the wool over your eyes”—or their eyes, as we say, referring...
A half-century ago, in Cooper v. Aaron (1958), the Supreme Court referred to the “basic principle that the federal judiciary is supreme in the exposition of the law of the Constitution” as “settled doctrine” and “a permanent and indispensable feature of our constitutional system.” If the Founding Fathers were rolling in their graves in 1958, they...
In June 2005, the U.S. Supreme Court handed down its decision in Kelo v. City of New London, depriving property owners of rights that virtually everyone has always assumed they had. Very soon—before you can say “sequel to Lawrence v. Texas”—the Supreme Court will no doubt take up the issue of same-sex marriage. You think...
IN THE SUPREME COURT OF THE UNITED STATES on writ of certiorari to the court of appeals June 26, 2013 (Justice Kennedy delivered the opinion of the Court.) The jurisprudence of liberty is a bright and shining star. Its twinkling arc across the sky of our constitutional polity signals the nation’s fundamental commitment to the...