Supreme court Archives - Ethics & Public Policy Center

Clarence Thomas is Right About Big Tech

How should conservatives think about the intersection of property rights, government regulation, and Big Tech? Part of answering this question requires us to gain a better understanding of the American legal tradition’s sources, recovering them from recent distortions. Justice Clarence Thomas recently sought to educate us on just this.

Doubts About Constitutional Personhood

The only plausible path to imminent legal protection of the unborn has as its first step overturning Roe and restoring abortion policy to the states.

The Unsoundness and Imprudence of “Common-Good Originalism”

The immediate aftermath of Justice Amy Coney Barrett’s appointment to the Supreme Court is a strange time to urge conservatives to repudiate Justice Antonin Scalia’s twin interpretive methodologies of originalism and textualism.

The Supreme Court Finally Has a Majority That Will Protect Religious Freedom

Liberals have often defended the Supreme Court’s jurisprudence as a defense of minority rights against majority tyranny. Amy Coney Barrett’s confirmation shows there is now a court majority that recognizes religious rights are worthy of constitutional protection, too.

Amy Coney Barrett Said Nice Things About Her Kids. Liberals Heard Racism.

Liberal commentary involved strained interpretations of why Barrett adopted children, and how she speaks of them — implying that she was racist, and perhaps ableist. These comments did not only represent armchair psychoanalysis at its worst; they also showed how easy it is for partisanship to trump basic decency.

Amy Barrett and the Intolerable

The distinctiveness of Barrett’s faith – and the consternation it causes among the champions of certain secular pieties – is refreshing. It also underscores the indistinctiveness of so many Catholics who hold public office.

There’s No Good Case Against Confirming Amy Coney Barrett

Given the strength of Judge Barrett’s record, perhaps playing to the fears of the American public — who aren’t likely to be reading commentaries on the upcoming Supreme Court term but are voting soon — was the Democrats’ only play.

Confirming New Justices Is Not ‘Packing the Court’

Democrats are understandably angry that they don’t have the votes to prevent Barrett from being confirmed to fill Justice Ginsburg’s seat on the Court. They must not be allowed to get away with brazenly redefining terms and refusing to say whether they’ll upend a century and a half of tradition by expanding the size of the Supreme Court.

Yes, Democratic Senators Have Questioned Judicial Nominees About Their Faith

Amy Coney Barrett is not the only judge to have faced improper scrutiny from Democrats over her religious beliefs.

People of Praise Deserves Ours

America has a lot to learn from Amy Coney Barrett’s ‘covenant community.’