natural law
Are We All Common Good Constitutionalists Now?
“Moral Truth & Constitutional Conservatism” with Prof. Gerry Bradley, JWI Trustee & Senior Scholar: Part I
A Jurisprudential Red Pill: Part II
“M. Stanton Evans: Conservative Wit, Apostle of Freedom” with Author Steve Hayward
A Jurisprudential Red Pill: Part I
“12 Angry Men & Natural Law” with Film Expert Onalee McGraw
Podcast at First Things: Hadley Arkes and R. R. Reno discuss “On Overruling Roe”
Justice Byron White and Abortion

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.”
Waiting for Dobbs

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.