The Constitution, the Courts, and the Culture publication

NYT’s ‘Inside Story’ on Dobbs

Edward Whelan

The New York Times has published a long article today that undertakes to provide the “inside story of how the…

National Review Online / December 15, 2023

Fifth Circuit Ruling on FDA’s Approval of Abortion Pill

Edward Whelan

What the Court’s April order means, as the Fifth Circuit panel emphasizes, is that the Fifth Circuit’s ruling today does not alter the status quo.

National Review / August 16, 2023

Foolish Arguments Against Standing in 303 Creative—Part 3

Edward Whelan

On top of all the other reasons (spelled out in point 2.a of my Part 1 post) why it makes no sense to think that Lorie Smith or her attorneys concocted the apparently sham or prank request, it turns out—surprise, surprise—that the IP (Internet Protocol) address on the device that sent the request to Smith is located in San Francisco:

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National Review / July 5, 2023

Foolish Arguments Against Standing in 303 Creative—Part 2

Edward Whelan

Another thing that has amazed me is how many folks on the Left—including accomplished lawyers and law professors—are repeating these foolish arguments against standing in 303 Creative.

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National Review / July 3, 2023

Foolish Arguments Against Standing in 303 Creative—Part 1

Edward Whelan

It’s been amazing to witness the flurry of foolish arguments that opponents of the simple and straightforward ruling in 303 Creative v. Elenis have spewed over the past several days.

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National Review / July 3, 2023

EPPC Amicus Brief in Supreme Court FDA Abortion Pill Case

Edward Whelan

The Comstock Act provisions prohibit sending abortion drugs by U.S. mail or by common carrier.

PDF / April 20, 2023

Fifth Circuit Grants FDA Partial Stay of Abortion-Pill Ruling

Edward Whelan

In a 42-page opinion issued late last night (in Alliance for Hippocratic Medicine v. FDA), a Fifth Circuit motions panel granted in part the FDA’s…

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National Review Online / April 13, 2023

EPPC Amicus Brief on FDA’s Emergency Motion in Fifth Circuit

Edward Whelan

On April 12, 2023, Distinguished Senior Fellow Ed Whelan filed an amicus brief on behalf of the Ethics and Public…

PDF / April 12, 2023

How Little Nino Became Justice Scalia

Edward Whelan

In many ways, Scalia’s influence since his death has been greater than he enjoyed during his lifetime, when so many of his most memorable opinions were dissents.

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Law & Liberty / March 15, 2023

Stanford President and Law-School Dean Apologize to Judge Duncan

Edward Whelan

Tessier-Lavigne and Martinez have issued a joint letter of apology to Judge Duncan for the violations of university policies on speech that disrupted his talk.

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National Review Online / March 11, 2023

Crybullies at Stanford Law School Threaten Free Speech

Edward Whelan

Judge Duncan’s right to free speech at Stanford Law School was threatened by hecklers who had the audacity to comment that he “literally denies the humanity of people” while denying him his First Amendment Rights.

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National Review Online / March 10, 2023

Senator Wyden’s Vile Attack on Federal Judiciary

Edward Whelan

Ed Whelan’s Bench Memos dive into the serious nature of accusations on the Federal Judiciary by Senator Wyden.

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National Review Online / February 17, 2023