JWI Presents: Anchoring Truths Podcast

This episode features a webinar discussion on Natural Law and Women's Rights with Erika Bachiochi, a legal scholar and current fellow with the Ethics and Public Policy Center. This webinar was part of our ongoing series of legal education webinars with the Center for Religion, Culture, and Democracy. Erika Bachiochi examines, both philosophically and historically, two competing accounts of rights with their derivative (and competing) accounts of women's rights: the early modern (autonomy) account and the natural law (responsibilities) account. Erika argues that, properly understood, modern sex discrimination law is a determination of the natural law in our day and that abortion restrictions do not discriminate against women. Ethics and Public Policy Center Fellow Erika Bachiochi is a legal scholar who works at the intersection of constitutional law, political theory, women’s history, and Catholic social teaching. She is also the editor-in-chief of Fairer Disputations, the online journal of the Mercy Otis Warren Initiative for Women in Civic Life and Thought at the School for Civic and Economic Thought and Leadership at ASU. She is a 2024–25 Fellow at the Nesti Center for Faith and Culture at the University of St. Thomas (Houston) where she is teaching a women’s history course in UST’s new Catholic Women and Gender Studies Program. A 2018 visiting scholar at Harvard Law School, she is also a Senior Fellow at the Abigail Adams Institute in Cambridge, MA, where she founded the Wollstonecraft Project. Her latest book, The Rights of Women: Reclaiming a Lost Vision, was published by Notre Dame University Press in 2021, and was named a finalist for the Intercollegiate Studies Institute's 2022 Conservative Book of the Year award. 

Returning Anchoring Truths Podcast guest Ilya Shapiro has written a new book Lawless: the Miseducation of America’s Elites that is part indictment of how the legal academy has succumbed to the worst excesses of illiberalism but also part memoir of his own experience at Georgetown Law at the hands of administrators who run the legal academy. His book is a must read, and our conversation a must listen. Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute and director of Cato’s Robert A. Levy Center for Constitutional Studies. Shapiro is also the author of Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020). He writes frequently, including at his Substack Shapiro’s Gavel. Earlier in his career, Shapiro was a special assistant/​adviser to the Multi-​National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an Masters from the London School of Economics, and a JD from the University of Chicago Law School. You may purchase a copy of Lawless from Amazon here.

Join the Anchoring Truths Podcast for both a look back and a look ahead for originalism. Our guest, Steven Calabresi, is the co-author of a new intellectual history “The Meese Revolution” that describes the rise of originalism, which necessitates telling the story of Ed Meese, without whom it surely does not happen. Calabresi, who was part of that history working closely with Meese, threads a story through virtually all important legal and policy events of the 1980s, many of which continue to shape the world of the twenty-first century. And as we come to the end of our discussion, I think you’ll agree that in many respects we are still living through the Meese Revolution. Professor Calabresi is the Clayton J. & Henry R. Barber Professor at Northwestern Pritzker School of Law, as well as a visiting professor at Yale Law School. Calabresi clerked for Justice Antonin Scalia and Judges Robert H. Bork and Ralph K. Winter. He was a Special Assistant to Attorney General Meese from 1985 to 1987 and worked with Ken Cribb as his deputy in 1987 on the second floor of the West Wing of the Reagan White House. Calabresi has written books on presidential power and comparative constitutional law and the origins of judicial review. He and co-author of The Meese Revolution Gary Lawson are also the co-editors of a casebook on U.S. Constitutional Law, and Calabresi is also the co-editor of a casebook on comparative constitutional law. He has written over seventy law review articles since 1990. "The Meese Revolution" may be purchased here.

Join host Garrett Snedeker for an exciting discussion with author Brad Littlejohn, Ph.D., about his new book Called to Freedom: Retrieving Christian Liberty in an Age of License. The conversation explored conflicting definitions of liberty, the issue of expressive individualism, and misperceptions of the freedom secured by the Constitution. Pre-order Called to Freedom here. Brad Littlejohn (Ph.D, University of Edinburgh) is a Fellow of the Ethics and Public Policy Center (EPPC), where he writes on technology policy and Protestant social ethics. He is also the founder and President Emeritus of The Davenant Institute, and the author or editor of nineteen books, the newest of which is Called to Freedom: Retrieving Christian Liberty in an Age of License. He writes (regularly) at his Substack, bradlittlejohn.substack.com, and tweets (irregularly) under the handle @WBLittlejohn.

JWI Affiliated Scholar & Professor of Philosophy Frank Beckwith confronts a troubling trend among some legal scholars who, in the aftermath of the Dobbs decision, have constructed and advocated for a right to abortion rooted in religious liberty. Since the overturning of Roe v. Wade and Casey in Dobbs, an increasing number of scholars argue that the Constitution may still vindicate the right to abortion, but through the First Amendment’s two religion clauses. They argue that state laws that limit access to abortion on the grounds that the fetus is a person or that prenatal life is sacred violate the Establishment Clause, since such laws are based on a contested religious view of what constitutes “personhood.” They also argue that prolife laws violate the Free Exercise rights of women whose religious views either permit or require them to procure an abortion in certain circumstances.Because all current post-Dobbs prolife laws include exceptions--such as for the life of the mother, substantial health risk, severe fetal deformity, or a pregnancy resulting from rape or incest—defenders of the Free Exercise argument maintain that under current precedent after Employment Division v. Smith (1990), the Court should apply strict scrutiny to such prolife laws.  Francis "Frank" J. Beckwith is a member of the JWI Board of Scholars and a professor of philosophy and church-state studies at Baylor University, where he also serves as the Associate Director of Graduate Studies in Philosophy and an Affiliate Professor of Political Science. His academic interests encompass religion, jurisprudence, politics, and ethics. Beckwith's scholarly contributions appear in leading academic journals, and he has authored several influential books that explore the intersections of faith, law, and morality. A recognized figure in the discourse on church-state relations, he frequently engages in public debates and discussions, sharing his expertise in both academic and broader societal contexts. Additionally, Beckwith has delivered lectures at various institutions, enhancing the understanding of how philosophical principles inform contemporary legal and political issues. This episode is adapted from a program JWI co-sponsored with First Liberty Institute's Center on Religion Culture and Democracy.

A recap of the largest annual gathering of the Right's lawyers, the Federalist Society's National Lawyers Convention, is the topic of discussion this week. Garrett Snedeker joins JWI Programs Director Daniel Osborne for a high-level account of the 2024 NLC. Snedeker shares his thoughts with Osborne on the convention's theme of group identity and the law, the backdrops of the convention including a new administration and a forthcoming change in leadership for the Society, and the happy presence of so many James Wilson Fellowship alumni at the convention. To watch videos of the convention's panels visit here

Who was for they/them versus who was for you? Join host Garrett Snedeker for a fascinating discussion with Jon Schweppe, Director of Policy for the American Principles Project (APP), on the power of the most influential political ads that shaped the 2024 presidential election. Jon Schweppe is the Director of Policy for APP. He advances the organization’s legislative priorities by working with allied groups and with federal and state lawmakers. Schweppe is an alumnus of the Claremont Institute’s Lincoln Fellowship. He has been published in a number of publications, including The New York Post, The American Mind, First Things, Newsweek, The Federalist, and the Daily Caller. He has worked on several political campaigns, focusing mainly on communications and policy. He is a graduate of Augustana College, where he majored in Economics and Finance. Follow Jon on X here. Learn more about APP here.

JWI Co-Director Gerry Bradley delivers remarks on what he calls the tragedy of "progressive" prosecution. Since George Floyd's death on May 25, 2020, the U.S. has undergone a significant reevaluation of its criminal justice system and has moved towards a more "progressive" prosecution. Professor Bradley explores the legal and societal implications of this evolution and will consider how a proper understanding of crime and punishment might provide a just solution; particularly in light of the moral responsibly of prosecutors and the need for a compelling justification for punishment in a fair society.

We are excited to be dive into Second Amendment jurisprudence and the Natural Right to Self Defense. Our entry into that topic is collection of opinions in Hanson v. United States from a divided panel of the United States Court of Appeals for the D.C. Circuit from October 29, 2024. In that case, the majority upheld the District’s ban on the possession and sale of what it called “extra-large capacity magazines." The panel ruled the city’s ten-round limit for magazines fit within the nation’s historical tradition of regulating “particularly dangerous weapons” and those “capable of unprecedented lethality,” even though there weren’t similar bans when the Second Amendment was ratified. A dissenting opinion held that “Magazines holding more than ten rounds of ammunition are arms in common use for lawful purposes. Therefore, the government cannot ban them.” Joining us on the episode is the lawyer who delivered theoral argument and represented Mr. Hanson and other plaintiffs at the D.C. Circuit, Edward “Ed” Wenger. Ed, a 2016 James Wilson Fellow, is a partner at Holtzman Vogel. Ed has focused the bulk of his career on appellate and constitutional litigation, as well as critical motions practice. His appellate experience began, first, as a law clerk for the Judge Edward Prado of the United States Court of Appeals for the Fifth Circuit, and it continued as a law clerk for the Judge Karen Henderson of the United States Court of Appeals for the District of Columbia Circuit. He has since served as the Chief Deputy Solicitor General for the State of Florida (the number two appellate litigator or the State) and the General Counsel to the West Virginia Attorney General. Hanson v. D.C. appellate opinion Hadley Arkes on D.C. v. Heller in First Things

Join Anchoring Truths Podcast host Garrett Snedeker and journalist Conn Carroll for an exciting discussion about Carroll's new book Sex and the Citizen and the importance of marriage. In Sex and the Citizen, Conn Carroll shows how the assault on marriage conducted by cultural and political elites is undermining the very foundations of our democracy. Carroll's book is a powerful and urgent exploration of one of the most overlooked forces shaping the political landscape today: the rapid decline of marriage. Once the cornerstone of American life, marriage has seen a dramatic fall from grace. In 1960, four out of five households were led by married couples; today, that number has plummeted to less than half, with more people choosing cohabitation over commitment. The American family, as we once knew it, is unraveling. Sex and the Citizen offers a bold vision for restoring the stability and prosperity that marriage once provided. By learning from history, we can rebuild a society where love and commitment are the keys to human flourishing. Conn Carroll is the commentary editor for the Washington Examiner. He served as a communications director in the U.S. Senate for seven years before returning to journalism. He is a graduate of the Antonin Scalia Law School and lives in northern Virginia with his wife and three children. Order Sex and the Citizen here, and follow Conn Carroll on his Twitter page.