Founder’s QuoteDecember 3, 2021
A Season of Hope, by Marcellino D’AmbrosioDecember 4, 2021
By Hadley Arkes, First Things, 12 . 2 . 21
The oral argument yesterday morning in the Dobbs case on abortion was not exactly a moment to celebrate for either side. One side, we might say, was “morally challenged” or imbecilic, and the other side wasn’t sure just which fork to use. The liberal side, as ever, could not explain what was “justified” in the guideline of viability, just as it couldn’t explain why the decision in Roe was justified in the first place: Why exactly was it wrong for the laws to cast their protection over small human lives, vibrant and growing in the womb?
But on the other side, the redoubtable Scott Stewart, the solicitor general of Mississippi, was compelled to argue with one hand tied behind him. As smart and resilient a lawyer as he is, he was compelled to work within the standard forms of conservative jurisprudence, repeating the mantra of “text, structure and history.” …
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