The Constitution, the Courts, and the Culture publication

Alito Makes Masterful Argument to ‘Overturn’ Roe v. Wade

Edward Whelan

Justice Samuel Alito’s draft opinion in Dobbs v. Jackson Women’s Health Center is a masterful account of why Roe v. Wade was wrong from the start and why it should be jettisoned. For liberals shocked by the prospective ruling, and for conservatives who thought it might never happen, it’s worth taking a look at Alito’s clear reasoning.

Articles

The New York Post / May 3, 2022

Outstanding Draft Majority Opinion in Dobbs

Edward Whelan

Above all, the superb quality of the draft is compelling evidence that it is genuine.

Articles

National Review Online / May 3, 2022

With Jackson Nomination, Senate Republicans Have an Opportunity

Edward Whelan

If Senate Republicans assess Ketanji Brown Jackson on the basis of judicial philosophy, and don’t succumb to political pressure because of her race and sex, they will responsibly fulfill their constitutional duty to advise and consent.

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CNN / February 25, 2022

EPPC Distinguished Senior Fellow Ed Whelan on the Supreme Court Vacancy

Edward Whelan

In this exclusive Q&A, Ed Whelan, who directs EPPC’s program on the Constitution, the Courts, and the Culture, discusses the effort to replace retiring Justice Stephen Breyer.

Interviews

 

Some Quick Observations on Oral Argument in Dobbs

Edward Whelan

EPPC Distinguished Senior Fellow Ed Whelan offers his initial impressions of oral arguments in Dobbs v. Jackson Women’s Health Organization.

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National Review Online / December 1, 2021

John Roberts and the Abortion Precedents

Edward Whelan

The Chief Justice has a chance to protect the Supreme Court, strike a blow for democracy, and overturn bad decisions.

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The Wall Street Journal / November 30, 2021

DOJ Faces Steep Slope in United States v. Texas

Edward Whelan

The justices who dissented from the Supreme Court’s denial of the abortion providers’ request for emergency relief against the Texas Heartbeat Act might think that they have a path to winning a majority in the DOJ case against the law. But the path is steep and deceptively treacherous.

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National Review Online / October 26, 2021

A Reply to Hadley Arkes on Originalism and Roe

Edward Whelan

There are (at least) six justices on the Court who ought to recognize in the pending case of Dobbs v. Jackson Women’s Health Organization that the originalist case against Roe is overwhelming. It is neither sound in principle nor helpful in practice to try to persuade those justices that they may overrule Roe only if they make a moral argument against abortion.

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National Review Online / October 4, 2021

Hadley Arkes’s Straw-Man Argument for a ‘Better Originalism’ on Roe

Edward Whelan

There is plenty of room for methodological disputes within originalism, but a recent critique of the dominant originalism is unpersuasive.

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National Review Online / September 30, 2021

Denial Should Have Been Unanimous

Edward Whelan

Last night the Supreme Court denied abortion providers’ beyond–audacious request for emergency relief against the Texas Heartbeat Act by a 5–4 vote. The feebleness of the four dissents shows that the denial should have been 9–0.

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National Review Online / September 2, 2021

Chief Justice Roberts, Judicial Restraint, and Dobbs

Edward Whelan

For Chief Justice Roberts and other proponents of judicial restraint, stare decisis considerations should be especially weak when—as with Roe and Casey—the precedent under examination has usurped the democratic processes.

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National Review Online / August 25, 2021

Chief Justice Roberts, Stare Decisis, and Dobbs

Edward Whelan

For anyone trying to understand how Chief Justice Roberts’s jurisprudential principles apply to the question whether he should vote to overrule Roe and Casey, the Chief’s concurring opinion in Citizens United v. FEC (2010) is essential reading.

Articles

National Review Online / August 24, 2021