The Corner

From Scalia’s Kentucky Dissent

What distinguishes the rule of law from the dictatorship of a shifting Supreme Court majority is the absolutely

indispensable requirement that judicial opinions be

grounded in consistently applied principle. That is what

prevents judges from ruling now this way, now that

thumbs up or thumbs down as their personal preferences

dictate. Today’s opinion forthrightly (or actually, somewhat

less than forthrightly) admits that it does not rest

upon consistently applied principle. In a revealing footnote,

ante, at 11, n. 10, the Court acknowledges that the

Establishment Clause doctrine it purports to be applying

lacks the comfort of categorical absolutes. What the

Court means by this lovely euphemism is that sometimes

the Court chooses to decide cases on the principle that

government cannot favor religion, and sometimes it does

not. The footnote goes on to say that [i]n special instances

we have found good reason to dispense with the

principle, but [n]o such reasons present themselves here.

Ibid. It does not identify all of those special instances,

much less identify the good reason for their existence.

I

Most Popular

White House

For Democrats, the Party’s Over

If the Democrats are really tempted by impeachment, bring it on. Since the day after the 2016 election they have been threatening this, placing their chips on the Russian-collusion fantasy and then on the phantasmagoric charade of obstruction of justice. The attorney general accurately gave the ingredients of the ... Read More
PC Culture

TV Before PC

Affixing one’s glance to the rear-view mirror is usually as ill-advised as staring at one’s own reflection. Still, what a delight it was on Wednesday to see a fresh rendition of “Those Were the Days,” from All in the Family, a show I haven’t watched for nearly 40 years. This time it was Woody Harrelson ... Read More
Politics & Policy

The Democrats’ Other Class War

There is a class war going on inside the Democratic party. Consider these two cris de couer: Writing in the New York Times under the headline “America’s Cities Are Unlivable — Blame Wealthy Liberals,” Farhad Manjoo argues that rich progressives have, through their political domination of cities such as ... Read More