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Justice Kagan and the 'Naked Public Square'

9:45 AM, May 7, 2014 • By ADAM J. WHITE
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These considerations cut across partisan and ideological lines because there is at least a kernel of truth at each extreme. Americans should not stand before their government exclusively as representatives of particular "little platoons." But it would be just as mistaken to race to the other end of the spectrum and assert that Americans must strip themselves of all prior attachments and experiences before engaging the public arena—leaving us with, in Father Richard John Neuhaus's words, a "naked public square."

I am not saying that Kagan intended to imply that our public square is and ought to be "naked." Far from it—if anything, I suspect that she was just a little bit too casual with her opinion's specifics. (In that respect, she would be in good company lately.)

But even if Justice Kagan was just speaking a little too casually, her casual overstatement is an interesting one. Her offhand remark—and DeGirolami's response—ought to challenge all of us to think more seriously about what citizenship and civic duty truly entails.

Adam J. White is a lawyer in Washington, D.C.

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