Although they have endorsed the outcome in Obergefell, Ian Millhiser and Andrew Koppelman have disparaged so-called "substantive due process" -- the notion that the Due Process clause protects individual rights, including those not expressly listed in the Constitution's text, from being violated by the government.
Obamacare's Exchanges are free markets where private companies compete for customers - the essence of market capitalism and the genesis of all innovation and cost efficiency.
It's hard for people who've actually experienced persecution to take seriously the cries of persecution from folks who've been riding at the front of the bus for so long.
The Supreme Court has endorsed the right of Americans to marry whom they choose, regardless of the gender of the spouse. What implications does this have for persons with religious or other objections to gay marriage?
The Confederate flag is a target precisely because it is a symbol. But by focusing on overt symbols rather than concrete policies and inherent prejudices, many are missing the point.
It's difficult to comprehend, let alone surrender to the notion that people would support a symbol so explicitly hateful. But that's the truth. No matter how much supporters of the Confederate flag contend it is not a sign of our oppressive and disgraceful history, it is.
Conservatives are not, by and large, racists. Racists, by and large, are conservative. Significant elements of the conservative coalition, from the South and elsewhere, were outspokenly hostile to racial minorities. They worked to undercut the civil rights movement and the drive for legal and economic equality.
Pope Francis' encyclical on climate change, Laudato Si, is a bold and brilliant challenge to business as usual. Already, conservatives and liberals alike have mounted rebuttals in ways that illustrate the limits of their own ideologies.
Is Twitter a genuine national conversation about important issues of the day, or is it merely an "echo chamber" -- a place where the already opinionated go to have their extreme views reinforced? And if it is an echo chamber, is this more the case for left-leaning Twitter users, or right-leaning?
In the end the hand wringing over political correctness is just the politically correct way for some people to defend their unwillingness to change.
The impact of resuscitating a liberal tradition as part of the 2016 Democratic platform is anyone's guess: will it radically reshape one of society's most conservatizing institutions, enabling progressives to advance in territory unchallenged for decades?
It's one of the Supreme Court's most famous, controversial and consequential decisions. On June 7, 1965, the Court in Griswold v. Connecticut struck down legislation prohibiting the use of contraceptives, relying in part upon a "right of privacy" that appears nowhere in the text of the Constitution.
On May 27, the Nebraska legislature, overturning a gubernatorial veto, repealed the state's death penalty. For opponents of state execution, there was a brief moment of rejoicing. But many Nebraskans were instantly nostalgic for the good old days of killing bad people.
Do we have three co-equal branches of government, or does the judiciary occupy second-class status?
Today, post-Jenner, with the surrender of many religious conservatives on the impending "redefinition of marriage," they can no longer afford to treat trans persons as afterthoughts. We must be attacked head-on theologically. That, however, is proving to be rather difficult.
To my great sadness, the modern conservative movement has devolved into something quite different from the kind of Bob Dole conservatism I grew up around. It's not necessarily more conservative, mostly just a whole lot meaner. It is important to note, though, that there are two different kinds of meanness that animate it, and they are very different from each other.