Bench Memos

Rep. Gonzalez Does Not Get It

Representative Charles Gonzalez repeats the canard that Judge Alito’s application of the Supreme Court’s Lopez opinion in his Rybar dissent could threaten civil rights laws. This is simply not so. The laws prohibiting discrimination in employment and the provision of public amenities — both economic activities — are not threatened by even a very aggressive application of commerce clause limits. Many liberal academics whose views of federalism were formed during the 1960s, inevitably assume that federalism is about civil rights, but it is not so.

Jonathan H. Adler — Jonathan H. Adler teaches courses in environmental, administrative, and constitutional law at the Case Western Reserve University School of Law.

Most Popular

Liberalism as Faith

The British philosopher John Gray is not someone to shy away from ‘difficult’ topics. If you are looking for a provocative long read this weekend, his new article in the Times Literary Supplement ought to be a contender. I didn’t agree with all of it (for example, I would argue that the supposedly ... Read More
Culture

Our Cultural Crisis: A Kirkian Response

Editors’ note: The following article is adapted from a speech the author delivered at the Heritage Foundation on March 14, 2018. Few would dispute that we are in the middle of a grave cultural crisis. A despairing conservative critic wrote: “We are on the road to cultural disaster.” He placed the ... Read More
Politics & Policy

An Enduring Error

Editor’s Note: The following piece originally appeared in City Journal. It is reprinted here with permission. Fifty-one years ago, in July 1967, in response to an explosion of rioting in poor black urban neighborhoods around the United States, President Lyndon B. Johnson created the National Advisory ... Read More
Culture

The Mournful, Magnificent Sally Mann

‘Does the earth remember?" The infinitely gifted photographer Sally Mann asks this question in the catalogue of her great retrospective at the National Gallery in Washington. On view there is her series of Civil War battlefield landscapes, among the most ravishing works of art from the early 2000s. Once sites ... Read More