Following the Supreme Court's landmark decision in Loper Bright/Relentless, the battle over agency deference has moved to the lower courts. This essay examines two recent "flare-ups" where federal judges are pushing back against attempts to ignore the fall of Chevron. The post Relentless/Loper Bright in the Lower Courts: Flare-Ups After Chevron’s Fall first appeared on Anchoring Truths.| Anchoring Truths
Join the Anchoring Truths Podcast for an in-depth dive into the career and jurisprudential mind of Justice Amy Coney Barrett. The occasion for doing so is the publication in September of Justice Barrett’s new book, Listening to the Law. Anchoring Truths featured an exclusive review of the book by Michael A. Fragoso. Fragoso joins the ... The post From Professor Barrett to Justice Barrett with Michael A. Fragoso first appeared on Anchoring Truths.| Anchoring Truths
Think back to when you were in high school or even middle school. Do you remember the history textbook you used? Perhaps that’s the problem: what passed for your reading material was so forgettable. Or if you do remember it, do you remember it being so ideologically slanted you were constantly fighting the story you ... The post The Golden Thread with Prof. Allen Guelzo first appeared on Anchoring Truths.| Anchoring Truths
Lawyer Michael A. Fragoso reviews Justice Amy Coney Barrett's new book The post The Justice as Teacher first appeared on Anchoring Truths.| Anchoring Truths
Lawyer and legal scholar Timon Cline returns to the podcast to share his ambitious proposal to revisit and overturn the Supreme Court’s 1947 ruling on the Establishment Clause in Everson v. Board of Education. Drawing on his recent Harvard Journal of Law & Public Policy article, “Everson Must Fall,” co-authored with Josh Hammer (James Wilson ’21) and Yoram Hazony, Cline explains ... The post Everson Must Fall with Timon Cline first appeared on Anchoring Truths.| Anchoring Truths
Join us for this episode as Professor Robert Luther anticipates judicial nomination selection in Trump’s second term. Professor Luther asks two types of questions: formally, “How will the Senate composition impact Judicial Nominations?” “How many seats will be open to fill? Will blue slips still apply for district courts?” “Will any circuit seats be moved to different states?” ... The post Judicial Nominations in President Trump’s Second Term: Form and Substance with Robert...| Anchoring Truths
Prof. Arkes’s article in the Texas Review of Law & Politics is hosted at Anchoring Truths with permission. The post Privileges & Immunities: Where Do Barnett & Bernick Lead Us? first appeared on Anchoring Truths.| Anchoring Truths
Devotees of the Anchoring Truths Podcast are no doubt aware that interest in the moral foundations of law has reached a fever pitch among those in the conservative legal movement. Culture-shaping decisions of the Supreme Court such as in Bostock and Dobbs have focused the attention of lawyers, judges, and scholars to the fact that ... The post Our Natural Law Moment(s) with Dennis Wieboldt first appeared on Anchoring Truths.| Anchoring Truths
What if I told you that hidden in the Constitution is a little-known provision that contains a gateway of sorts to a natural law, common-good inspired jurisprudence? And that this little treasure is hiding in plain sight, inexplicably ignored by jurists for decades? Well, there is such a section, and its contained in the opening ... The post The Preamble, Aristotle, and the Common Good first appeared on Anchoring Truths.| Anchoring Truths
Join us for the third episode of the Natural Law Moment! In an episode recorded before the Supreme Court decided U.S. v. Skrmetti, Professors Arkes and Bradley take up the issue of parental rights in our jurisprudence. Does deference to parental rights truly encompass a right to opt-out of regime that would regulate surgeries and therapies related to ... The post Natural Law Moment Ep.3: The Moral Framework of Parental Rights first appeared on Anchoring Truths.| Anchoring Truths
This essay was adapted from a speech delivered at the 2024 National Conservatism Conference. All views are the author’s. As I’ve always seen it, part of being a conservative is acknowledging the traditions you were raised in. And for me, one of those traditions was the conservative legal movement. I was taught, within that tradition, that one| Anchoring Truths - A James Wilson Institute Project