EPPC President Ed Whelan is offering running commentary on the nomination of Neil M. Gorsuch to the U.S. Supreme Court. Mr. Whelan, a former law clerk to Justice Scalia, is a regular contributor to NRO’s Bench Memos blog. [Click here to view Mr. Whelan’s full bio and past publications.]



Selected Publications

Common Cause’s Chicken Little

There is zero basis to infer that Neil Gorsuch would vote “to declare campaign contribution limits unconstitutional.”

Turow’s Reversible Errors—Part 2

Continuing with a critique of Scott Turow’s Vanity Fair attack on Supreme Court nominee Neil Gorsuch.

Turow’s Reversible Errors—Part 1

Lawyer-turned-novelist Scott Turow amply demonstrates that he’s more suited to fiction-writing than to legal analysis.

Shameless Schumer

Senate minority leader Chuck Schumer continues to propagate the silly notion that a 60-vote “standard” for Supreme Court nominees exists.

Senator Shaheen: No Filibuster of Gorsuch

On the Senate floor Tuesday evening, Democratic senator Jeanne Shaheen of New Hampshire strongly declared that neither she nor any of her fellow Democrats she’s “talked to” have any intention of filibustering the Gorsuch nomination.

Does Anyone Really Not Understand This?

Although the elementary point is somehow still contested by some, Senate Republicans clearly had the constitutional power to defeat the Merrick Garland nomination by inaction.

ACLU’s Disabled Review of Gorsuch

An opinion that strives to hew to longstanding Supreme Court precedent and that is joined by a liberal Clinton appointee is a remarkably weak reed on which to base a claim that Neil Gorsuch’s record on disability cases is “troubling.”

Two American Constitution Society Leaders Support Gorsuch

Read the powerful letter from dozens of Neil Gorsuch’s former law partners.

Senator Jeff Merkley, D-Cuckooland—Part 2

More on the Oregon senator’s foolish op-ed urging a filibuster of the Gorsuch nomination.

Senator Jeff Merkley, D-Cuckooland—Part 1

In an op-ed in the New York Times, Oregon senator Jeff Merkley urges his fellow Senate Democrats to filibuster the Supreme Court nomination of Judge Neil Gorsuch and “make the Republicans go nuclear.”

American Bridge: Too Stupid for Words—Part 2

Highlighting a few more blatant distortions and bloopers that signal the dismal quality of American Bridge’s attack on Judge Neil Gorsuch.

#FakeNews on Gorsuch on Imaginary ‘Fascism Forever’ Club

Earth to newpaper reporters: High-school yearbook editors sometimes have a sophomoric sense of humor.

#NBCFakeNews on Gorsuch

An NBC reporter refuses to cop to an erroneous story about an op-ed in Judge Gorsuch’s college newspaper.

American Bridge: Too Stupid for Words

A quick initial review of a cut-and-paste manifesto against Judge Neil Gorsuch suffices to show that American Bridge, when it tries to engage in legal analysis, is simply “Too Stupid to Be Taken Seriously.”

PFAW’s Feeble Attacks on Gorsuch

Elliot Mincberg’s bill of particulars against Gorsuch is a joke.

Gorsuch Speeches

The nominee’s remarks shed some light on his judicial philosophy.

Judge Gorsuch and Administrative Law

Judge Gorsuch is very attentive to the separation-of-powers concerns that modern administrative law presents.

Judge Gorsuch and Religious Liberty

Judge Gorsuch has a very impressive record in favor of religious liberty—and against a hyper-expansive reading of the Establishment Clause that would exclude religion from the public square.

A Supreme Successor to Justice Scalia

Rocky Mountain native Neil Gorsuch has an impressive judicial record as an originalist.