Moralized Politics and the Challenge to Liberalism

Source: Law & Liberty
by Thomas Powers

“Richard Garnett’s very helpful essay rightly frames consideration of the recent 303 Creative LLC v. Elenis decision in terms of the very broad question of the conflict between our commitment to fighting discrimination and the logic of the liberal constitutional tradition. He is one of a small number of legal scholars and political theorists who have for some time been calling attention to a large set of contradictions between these two contending democratic forces …. In an arresting way, constitutional law reveals clearly, and in vivid detail, the powerful challenges that the new order poses to the liberal tradition. Again and again we are confronted with the fact that the logic of the constitution has come under considerable pressure because of the war on discrimination.” (11/15/23)