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Oct 7, 2024 | 
discoursemagazine.com | Jesse Merriam |Dahlia Lithwick
“We’re all originalists now,” Elena Kagan famously proclaimed in her 2010 confirmation hearing. Kagan’s statement sent shock waves through the legal world, as it signified a changing constitutional landscape. At the time, originalism—the legal theory holding that the Constitution should be interpreted according to its original meaning—was still a fringe legal theory, with only limited support in the federal judiciary and the legal academy.
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Jun 10, 2024 | 
claremontreviewofbooks.com | J. Eric Wise |Jesse Merriam |William Voegeli |Wilfred M. McClay
I came up for air after a recent corporate board fight—a governance wrangle over the removal of certain company directors—and picked up a copy of For Profit: A History of Corporations by William Magnuson. The book examines the purposes of corporations and what they did or do, from Rome to the present day.
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May 31, 2024 | 
lawliberty.org | James Hankins |John O. McGinnis |Titus Techera |Jesse Merriam
It’s a well-known fact that historians generally don’t like historical fiction. Movies set in past periods of history, “based on real events” or not, generally put our teeth on edge. Such fictions are ordinarily filled with ridiculous anachronisms. The anachronisms are most obvious when mushy modern phrases from our therapeutic culture—urging us to share our feelings or hoping we are comfortable with this or that—are put in the mouths of Roman legionaries or medieval churchmen.
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May 2, 2024 | 
claremontreviewofbooks.com | Jesse Merriam |Allen C. Guelzo |Dennis Hale |Christopher Flannery
The American Right is undergoing an important transition, from blaming contemporary ills on political actors and programs to indicting the entire system. This transition has ushered in a new era of “regime discourse,” featuring a host of allegations against our ruling elites and even proposals to initiate a “regime change” to overhaul the current order. Two issues are often obscured in this regime talk. Which institutional and cultural arrangements constitute our governing system?
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Nov 22, 2023 | 
lawliberty.org | Jesse Merriam |Richard Garnett |Dave Barfield
Over the last few years, antidiscrimination law has moved to the forefront of conservative commentary, as exhibited in recent books by Christopher Caldwell, Richard Hanania, and Thomas Powers. At the same time, antidiscrimination law has come to play a significant role in free speech and religious liberty law, evidenced in cases like Masterpiece Cakeshop v. Colorado Civil Rights Commission(2018), Fulton v. Philadelphia (2021), and 303 Creative v. Elenis (2023).
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Sep 25, 2023 | 
americanmind.org | Daniel Mahoney |Jesse Merriam |Hadley Arkes |Aaron Kheriaty
Feature An anti-woke manifesto. Feature Are we ready to face what colorblindness would really look like? Feature A new ruling leaves our rival constitution unchallenged. Feature Curbing censorship will require a full-scale assault on the surveillance state. Feature It will take an appeal to the good per se to overcome a corrupt regime. Feature There’s nothing unprecedented in a return to America’s foundational ideals.
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Sep 13, 2023 | 
claremontreviewofbooks.com | Karl Rove |Jesse Merriam |Carl R. Trueman |Mark Helprin
Download Grover Cleveland is a presidential anomaly, the only occupant of the White House (so far) to serve two non-consecutive terms. He was elected in 1884, defeated in 1888, and re-elected in 1892, beating the man who’d bested him. During his career he rose like a rocket: only three years after becoming mayor of Buffalo, New York, and after only two years as the Empire State’s governor, he was elected president of the United States.
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Aug 23, 2023 | 
americanmind.org | Jesse Merriam |Michael Robillard
Response Are we ready to face what colorblindness would really look like? Response The Supreme Court succumbs to a fatal error in reasoning. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL the cookies.
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Aug 8, 2023 | 
americanmind.org | Jesse Merriam
A feeling of triumph has flushed through the conservative ranks this summer with the Supreme Court’s blockbuster decision in Students for Fair Admissions (SFFA) v. Harvard College and SFFA v. University of North Carolina to invalidate Harvard’s and UNC’s affirmative action programs. And it’s true that there is much in the SFFA opinion to celebrate. But the decision will not end, or even do much to threaten, affirmative action programs.
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Jul 13, 2023 | 
americanmind.org | Jesse Merriam
The Supreme Court ended its term with a bang, issuing two blockbuster decisions in the final two days. On June 29, the Court struck down both the University of North Carolina’s and Harvard’s affirmative action programs, and the following day, the Court issued 303 Creative v. Elenis, holding that anti-discrimination law could not be used to compel a website designer to create expressive content relating to same-sex weddings.
