Dave Chappell on Cancel Culture and Freedom of Expression

  "The more you say I can't say something, the more urgent it is for me to say it....It has everything to do with my right, my freedom of artistic expression."

Scalia: The Constitution Says What it Says, and It Doesn't Say What It Doesn't Say

 

The best way to read SCOTUS cases in constitutional law is to ask what question is the Court trying to answer? Is the Court trying to answer the question "what does the Written Constitution say about this issue?" Or "what should a hypothetical constitution say about this issue?" 

The former is the proper work of the judiciary. The latter is the work of the People via the amendment process.

What I Am Reading This Summer

 Ryan T. Anderson and Alexandra DeSanctis, Tearing Us Apart: How Abortion Harms Everything and Solves Nothing.

This book has my highest rating! Here is a link to Amazon.

Erika Bachiochi in NYT on "What Makes a Fetus a Person?"

 Here is the link to Ms. Bachiochi's article. And here is a money quotation:

Dobbs v. Jackson has returned the issue of abortion to legislatures. There, pro-lifers will work to ensure that unborn children in every jurisdiction are protected by law. Though individual states can (and already have) sought to protect the most vulnerable human beings through ordinary legislation, constitutional protection of unborn children as equal “persons” under the law remains the movement’s ultimate — if elusive — goal.

Making this constitutional case will require rejecting the concept that a rights-bearing person is fundamentally self-owning and autonomous. Indeed, it is precisely the unborn child’s state of existential dependence upon its mother, not its autonomy, that makes it especially entitled to care, nurture and legal protection too. To exclude some human beings from the law’s protection because of their size, location and state of dependency (and post Roe, whichever jurisdiction their mother happens to be in) seems to pro-lifers an egregious human rights violation, just the kind we believe the 14th Amendment was meant to prevent.

 If you are interested in where we might be going in a post-Roe world, read her entire article in the Times.