An Increasingly Autocratic EPA Encounters a Roadblock

Conservatives who have come to view the Supreme Court led by Chief Justice John Roberts with contempt in recent years had that belief vindicated by a variety of decisions the Court handed down this term. The Court bent over backward and virtually rewrote the statute (again) in order to preserve the Affordable Care Act. It found a constitutional right to same-sex marriage whereas no such right to heterosexual marriage exists in that same document’s ever-evolving penumbra. Though the Supreme Court determined that the use of lethal injection drugs by the state did not violate the constitution, a handful of liberal justices concluded that the practice of capital punishment authorized in the Fifth Amendment suddenly violated the Eighth. In the future, a majority of the nine in black who are apparently so susceptible to societal pressure might soon agree with what is at present a minority opinion. But the Court gave forlorn conservatives at least one reason to smile at the end of this term. In a 5-4 decision in Michigan v. EPA on Monday, the Supreme Court correctly addressed a matter genuinely outside the voters’ control: the rapid expansion of the regulatory state. The Court’s decision in a case involving a pervasive proposed regulation from the Environmental Protection Agency could inaugurate a process of curtailing the power of America’s unelected bureaucracy. 

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An Increasingly Autocratic EPA Encounters a Roadblock

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Charles Krauthammer, 1950-2018

A life well lived.

Charles Krauthammer made people understand their own thoughts. It was Charles who collated the various strands of Ronald Reagan’s foreign policy and codified them as the Reagan Doctrine in a Time Magazine essay in 1985. He did the same with the Bush Doctrine 16 years later—and his codification played a role in how Bush himself came to formulate his approach to the world following 9/11. And in 2009, Charles codified the Obama Doctrine as well, although not by that name, in a speech he turned into one of the great articles of our time, “Decline Is a Choice.” I was there when he delivered that speech and rushed up to him to ask that he allow me to publish it in COMMENTARY, but I was too late; he had already promised it to The Weekly Standard.

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Social Justice vs. Human Nature

Downward leveling.

Last Friday, the New York Times revealed that a lawsuit targeting Harvard University claims the school has systematically discriminated against minorities. That is, one particular minority. The school, it was alleged, has handicapped Asian-American students. Otherwise, they’d have to accept too many qualified Asian-Americans. For a peculiar type of activist for social equality, this was the good kind of prejudice–the kind that privileges accidents of birth over individual merit and achievement. Or, in the soft, docile Newspeak that suffices to comfort the enlightened elites charged with keeping the deserving down: “racial balancing.”

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Radicalism and self-injury.

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Over-Population: The Malthusian Myth That Refuses to Die

A dangerous idea makes a comeback.

The word “ethics” appears prominently in the biographies of the authors who co-wrote a recent Washington Post op-ed lamenting the “taboo” associated with “talking about overpopulation.” Frances Kissling is the president of the Center for Health, Ethics, and Social Policy. Peter Singer is a professor of bioethics at Princeton University. Only Jotham Musinguzi, the “director general of Uganda’s National Population Council,” doesn’t mention “ethics” in the bio. That’s good because the Malthusian views promulgated in the piece are anything but ethical.

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Conservatives Against Virtue

The virtue of virtue.

At some point over the past two or three years–I’m not sure when exactly–“virtue” became a dirty word on the American right. There’s not a little irony in this development. If there’s one commitment that is supposed to tie the various strands of American conservatism, it’s the cultivation of the human virtues–those habits of the human spirit that aim at its perfection: Prudence, justice, courage, and temperance, according to the classical definition.

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