The Constitution, the Courts, and the Culture publication

A Quick Guide to Today’s Opinions in Fulton v. City of Philadelphia

Edward Whelan

In one of the most-watched cases of the term, the Supreme Court unanimously ruled today in Fulton v. City of Philadelphia that the city of Philadelphia violated the free-exercise rights of Catholic Social Services, a Catholic foster-care agency, by conditioning CSS’s continued provision of foster-care services on its agreeing to certify same-sex couples as foster parents.

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National Review Online / June 17, 2021

Doubts About Constitutional Personhood

Edward Whelan

The only plausible path to imminent legal protection of the unborn has as its first step overturning Roe and restoring abortion policy to the states.

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First Things / April 8, 2021

The Unsoundness and Imprudence of “Common-Good Originalism”

Edward Whelan

The immediate aftermath of Justice Amy Coney Barrett’s appointment to the Supreme Court is a strange time to urge conservatives to repudiate Justice Antonin Scalia’s twin interpretive methodologies of originalism and textualism.

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Public Discourse / March 2, 2021

Justice Barrett Would Extend Scalia’s Legacy

Edward Whelan

Amy Coney Barrett’s record, both as a judge and in her earlier career as a distinguished law professor at Notre Dame, shows both her profound commitment to Justice Scalia’s principles of textualism and originalism and her stellar ability to implement them.

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Why Finding Justices Who Will Overturn Roe v. Wade Hasn’t Been Easy, And What to…

Edward Whelan

Any effort to seat justices who will overturn Roe needs to take account of the serious political obstacles that stand in the way. We must not surrender in the face of these obstacles. But we must recognize them in order to navigate through them.

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Public Discourse / August 25, 2020

Senator Hawley’s Judicial Test on Roe v. Wade Won’t Work

Edward Whelan

Political realities can be confronted and transformed, but they cannot simply be imagined away. Unfortunately, Senator Hawley’s pro-life litmus test promises no more success in the future than it would have had in the past.

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Public Discourse / August 24, 2020

McConnell’s Supreme Court Tactics: Politics 101

Edward Whelan

When the president and the Senate majority are from the same party, look for the swift confirmation of a Supreme Court nominee.

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National Review Online / January 2, 2020

The Presumption of Constitutionality

Edward Whelan

The principle that the courts must apply a statute unless the statute clearly conflicts with the Constitution has deep roots and inheres in the very foundation of the power of judicial review.

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The Judicial Divide Between Conservatives and Liberals

Edward Whelan

EPPC President Ed Whelan was interviewed by The Politic, an undergraduate journal at Yale, about right vs. left on the Supreme Court and more.

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The (Yale) Politic / November 20, 2018

Trump Picks Brett Kavanaugh

Edward Whelan

Judge Kavanaugh, 53 years old, has compiled an outstanding record during his twelve years on the federal court of appeals in D.C. On what is commonly regarded as the second-most-important court in the country, he has confronted a vast array of consequential constitutional and statutory issues and has written strong, influential opinions.

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National Review Online / July 9, 2018

Trump’s Stellar Judges

Edward Whelan

Donald Trump deserves thunderous acclaim from conservatives for his outstanding record of judicial appointments during his first year as president. But his conspicuous successes should not obscure the many obstacles on the long path to genuine transformation of the federal judiciary.

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Interview: Ed Whelan, An EPPC Eye On Judicial Confirmations

Edward Whelan

A wide-ranging interview with EPPC President Ed Whelan, in which he discusses the Supreme Court confirmation process, clerking for Justice Scalia, listening to Vin Scully, attending the inauguration of Richard Nixon, and what it was like to work in all three branches of the federal government.

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