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The deepening crisis of conservative jurisprudence

In a recent Supreme Court decision, Justice Neil Gorsuch ruled that opposition to “gender-affirming care was protected simply as a matter of free speech. And that orthodoxy, as Gorsuch now understands it, is that there are indeed no truths—no moral truths—that would govern the rightful and wrongful governance of human beings on the matter of regulating speech. The claim is preposterous, for it is at odds with the moral and jural understanding of the Founders; it is at war with the common sense that prevailed in our law before the Court started turning in the 1970s.
 

 

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