My friend @JRozansky has a spectacular essay in the new @NationalAffairs on intra-conservative debates over precedent and stare decisis, and what we can learn on the subject from Edmund Burke himself. nationalaffairs.com/publications/d…
@JRozansky @NationalAffairs "The mistake made by Chief Justice Roberts, and echoed throughout the legal academy, is to see Burkean jurisprudence as a kind of humble and dutiful application of a strict...stare decisis. Yet Burke understood judicial precedents not as lawmaking...but as evidence of the law."
"In contrast to the modern approach...Burke believed a precedent should be followed only if it can prove itself to be good evidence of the law. Burke is therefore even less friendly to precedent as such than is Justice Thomas."
ICYMI and as a natural companion to Jeremy’s essay, here is my essay from the last issue of @NationalAffairs on Justice Thomas and the constitutionality of stare decisis in constitutional interpretation. nationalaffairs.com/publications/d…

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More from @josh_hammer

28 Oct 20
Apropos of today's Senate hearing, a quick thread on Big Tech, conservatism, and the GOP, with links to some of my recent writings on the intersection thereof.
Conservatism, properly understood, values *prudence*. "Humility comes...from a willingness to reassess a moment in history and rethink the proper means to meet the timeless ends of politics—justice, human flourishing, individual liberty and the good life." amgreatness.com/2020/08/27/how…
In the Anglo-American conservative tradition, then, "legal and economic norms must be construed as instrumentalities serving the superlative substantive goals of politics qua politics: justice, human flourishing, and the common good." americancompass.org/the-commons/co…
Read 9 tweets
4 Sep 20
"Come, hear from someone who the whole world knows committed murder last weekend."

We live in a deranged world.
How is this man not already behind bars? How???
I’m actually not sure I’ve ever seen anything more disturbing in my adult lifetime.
Read 4 tweets
3 Sep 20
"The Democrats Hold the Nation Hostage.”

My syndicated column for the week. creators.com/read/josh-hamm…
As @docMJP put it, these are the Democratic Party’s riots.

They own this. They cannot disown this. They have fanned the flames and have consistently refused to unequivocally and forcefully condemn the anarchist/insurrectionist wellspring, Antifa-BLM. creators.com/read/josh-hamm…
@docMJP Worse, with their laughable "this is happening in Trump's America” talking point, the Democrats are taking the nation hostage. They are offering an implied quid pro quo: Vote for us and we will stop the violence. But it will continue if Trump is reelected. creators.com/read/josh-hamm…
Read 4 tweets
21 Jun 20
I had a busy writing week, so figured I’d do a little end-of-week ICYMI thread.

1. In Tuesday’s @nypost, I had an initial column on Monday’s unfortunate Title VII case at SCOTUS—and what it portends for the future of the “legal conservative movement.” nypost.com/2020/06/15/nei…
2. On Thursday, I joined with @JamesWilsonInst’s Garrett Snedeker to argue, at @Newsweek, how the disappointing week at SCOTUS proves that defying the anti-constitutional fiction of judicial supremacy is more important now than ever before. newsweek.com/we-need-reject…
(Related/shameless plug: If you enjoyed that one, I have a lengthier recent academic article on the exact same subject. papers.ssrn.com/sol3/papers.cf…)
Read 5 tweets
16 Jun 20
"Neil Gorsuch slapped conservatives by creating new gay rights.”

My column in tomorrow’s @nypost on today’s unfortunate Supreme Court decision on Title VII. nypost.com/2020/06/15/nei…
@nypost In February, I tweeted what was already a rapidly circulating rumor that Neil Gorsuch would side with the liberals in reading sexual orientation and transgenderism into Title VII.

On Monday, he did precisely that. It is a bastardization of textualism. nypost.com/2020/06/15/nei…
@nypost The capitulation of Gorsuch, a “conservative legal movement” golden boy, reveals a deeper rot.

Conservatives must rededicate themselves to moral truths, and to underlying substantive principles. Relativistic proceduralism has finally hit a dead end. nypost.com/2020/06/15/nei…
Read 5 tweets
5 Feb 20
Pelosi introducing Trump for the SOTU is more than a little bit awkward this year.
Trump is emphatically correct about one thing: By pretty much any objective metric, the U.S. really is doing phenomenally well right now.
For the second or third year in a row, Democrats in Congress refuse to applaud when Trump recites basic economic statistics about how good the economy, job market, and stock market are.

Why do Democrats hate economic growth and real, inflation-adjusted income and wage growth?
Read 23 tweets

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