Hadley Arkes

Prof. Arkes reflects on his work crafting the Born Alive Act and takes some time to analyze the latest version of the Act, to him the best ever.

Prof. Hadley Arkes responds in the WSJ explaining how reviving the Born Alive Infants Protection Act could prove the best strategy for Republicans in Congress.

James Wilson Institute Founder Hadley Arkes reflects on the overturn of Roe v. Wade.

James Wilson Institute Founder Hadley Arkes writes for Public Discourse about the future of the pro-life movement after Dobbs v. Jackson Women's Health Organization.

In the aftermath of Judge Jackson's nomination to the Supreme Court, Hadley Arkes analyzes the Senate hearings. Despite some well-timed questions, Republicans ultimately missed their chance to put Judge Jackson on the record defending the right to kill unwanted children even after birth.

In a response to Ed Whelan’s critique of “On Overturning Roe,” Prof. Arkes insists that the moral argument against Roe is the only logical one for judges who believe in the deep wrong of abortion. The pro-life cause rests on objective moral truths, not on value judgments, and as a result does not require judges (as Whelan claims) “to read their own moral convictions into the Constitution.”

Responding to Richard Doerflinger's critique of "Waiting for Dobbs," Prof. Arkes asserts that conservative justices could successfully outlaw most abortions by returning to Justice White’s standard: only abort to save the mother’s life. At the same time, however, White did the pro-life cause a lasting disservice by focusing not on the rights of unborn babies but on the abuse of "raw judicial power."

Hadley Arkes recalls that day, back in 1986, when Justice Byron White, one of the original dissenters in Roe v. Wade, startled Justice John Paul Stevens by suggesting that he too could accept Roe and a “right to abortion” in some form. Stevens seemed genuinely baffled. What White was offering was an understanding that would keep Roe v. Wade as a shell, while the substance was removed. Professor Arkes tries to reconstruct that argument here as an anticipation of what might happen if the Supreme Court seeks to take “the low door under the whole” in the Dobbs case—sustaining the law in Mississippi while affecting not to overrule Roe v. Wade.

In 2006, Prof. Hadley Arkes makes some timeless remarks at The Federalist Society on what the proper role of government is when it comes to culture.