The Constitution, the Courts, and the Culture publication
WaPo Mis-Explains Israeli Judicial-Reform Proposal
Edward Whelan
In his Bench Memos, Ed Whelan expands on the judicial-reform proposal and WaPo’s incorrect account of it.
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National Review Online / February 15, 2023
EPPC Amicus Brief in Case Challenging FDA Approval of Abortion Pill
Edward Whelan
Ed Whelan announces his amicus brief filed on behalf of EPPC in the pending challenge of Alliance for Hippocratic Medicine against the FDA’s approval of the abortion pill.
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National Review Online / February 10, 2023
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.
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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.
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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
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.
Articles
National Review Online / September 2, 2021