The Rule of Law and the Role of Judges—Why the Nomination of Samuel Alito Matters

“One of the indispensable matters of Western Civilization is the rule of law. That rule is central to democratic government, a vigorous economy, and individual liberty.” With those words, Judge Robert H. Bork affirms the rule of law–and points to the important role played by judges. The rule of law, he argues, “requires that the law be understood to have force and moral weight of its own, independent of the political and cultural struggles of the moment.” That is another way of saying that the rule of law, when it is observed, guarantees the supremacy of process in political affairs; self-government, stability, and safety depend on that supremacy.

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The Perverse Logic of Abortion

Abortion is back as front-page news and is once again in the forefront of the nation’s concern. A poignant and chilling perspective on the issue of abortion has been provided by an article published in the November 29, 2005 edition of the Los Angeles Times. In “Offering Abortion, Rebirth,” reporter Stephanie Simon takes readers into the life and logic of one of the nation’s most notorious abortion providers.

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A Growing Cloud of Confusion–The Supreme Court on Religion

Over the past half century, the U. S. Supreme Court has accomplished a feat America’s founders would surely have found to be inconceivable–they have created a perverse cloud of confusion over the question of religious liberty and the place of religious language and symbols in the public square.

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Another Very Bad Idea

Alan Cooperman of The Washington Post reports Wednesday that the federal government will pay for the rebuilding of “parochial schools, nursing homes and similar religious…

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The Blackmun Papers: One Man’s Shadow

When the constitutional framers established the Supreme Court as the third branch of America’s government, they left the role of the Court largely undefined and unfinished. In recent years, the Court has taken on an entirely new importance, with a majority of justices pushing an activist agenda that now assumes a legislative responsibility–encroaching on the constitutional powers of Congress and the President.

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Is the Pledge of Allegiance Unconstitutional?

A federal judge in Sacramento ruled Wednesday that it is unconstitutional to recite the Pledge of Allegiance in public schools. U.S. District Judge Lawrence Karlton ruled that the pledge’s reference to one nation “under God” violates the right of children in the public schools to be “free from a coercive requirement to affirm God.” Once again, the driving force behind this case is Michael Newdow–the atheist attorney and medical doctor who won a similar decision at the 9th U.S. Circuit Court of Appeals in 2002.

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The Culture of Freedom and the Future of Marriage

In “The Court, the Constitution, and the Culture of Freedom,” Peter Berkowitz argues that an expansive concept of human liberty lies behind the Supreme Court’s tradition of jurisprudence. He goes on to argue that this progressive understanding of human freedom is likely to mean that the nation’s high court will one day decide that access to same-sex marriage is nothing less than a right guaranteed under the U.S. Constitution.

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