It is a mark of Antonin Scalia's pioneering influence that originalism and fidelity to text have become a staple of the Supreme Court’s interpretive methodology.
We have so confused the sacrament with the legal arrangement that the meaning of marriage as a Christian mystery has been lost.
We are now at the point where American Catholics should accept state recognition of same-sex marriage simply because they are Americans.
Will severing the connection marriage has forged between sex, procreation, and family formation undermine the expectations our culture places on the institution?
“Disentanglement” is not a stable or feasible response to the dangers to religious freedom posed by the legal redefinition of marriage.
The Court made the right decision in Windsor, but the majority was unclear about why DOMA’s exclusion of same-sex marriages was unconstitutional.
Not every constitutional disagreement takes the right form for decision by a federal court.
Since the Supreme Court threw out Section 4 of the VRA, conservative legislators in several states have sought to pass laws making it harder to vote.
The conviction is new that the exclusive purpose of the business corporation is to profit its professional managers and stockholders.
Lenders are often allowed to foreclose without significant judicial involvement, putting the burden on homeowners to prove the lender is not entitled to do so.
'America’s Unwritten Constitution' is a novel and often persuasive analysis of how our written Constitution blends with an unwritten one to form a coherent whole.