The Constitution, the Courts, and the Culture publication

Non-Discrimination Principles Versus Civil Liberties

Edward Whelan

In testimony invited by the United States Commission on Civil Rights, EPPC President Ed Whelan explains that the sweeping application of non-discrimination principles poses an increasingly severe threat to civil liberties, especially to our first liberty of religious freedom.

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EPPC President Ed Whelan on CNN

Edward Whelan

On CNN, EPPC President Ed Whelan debates the Boy Scouts’ proposed change of policy on gay members.

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CNN / February 2, 2013

Scouting’s Suicide

Edward Whelan

The Boy Scouts’ proposed revision to their policy on gays is incoherent and unworkable and would threaten ruin for lots of troops and scoutmasters.

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New York Post / February 1, 2013

EPPC’s Supreme Court Amicus Brief in Proposition 8 Marriage Case

Edward Whelan

EPPC President Ed Whelan’s amicus brief in defense of California’s Proposition 8 documents the egregious misconduct by lower-court judges in the case.

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Federalism and Marriage

Edward Whelan

The Supreme Court should set right the relationship between marriage and federalism by ruling that both the federal Defense of Marriage Act and California’s Proposition 8 are constitutionally sound.

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National Review / December 31, 2012

Marriage at Stake

Edward Whelan

The future of marriage is at stake in the new cases before the Supreme Court. And so, ultimately, are the rights of faithful Catholics to participate fully in public life.

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National Catholic Register / December 12, 2012

The Basics on the DOMA Case

Edward Whelan

The Supreme Court ought to hold that the Defense of Marriage Act is constitutionally permissible—and it can't coherently invalidate DOMA without inventing a constitutional right to same-sex marriage.

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National Review Online / December 10, 2012

The Activism to Come

Edward Whelan

In his second term, President Obama will likely lock up Justice Ginsburg's seat on the left for another generation and, if other vacancies arise, may threaten two or three decades of liberal dominance of the Supreme Court.

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National Review / December 3, 2012

The HHS Contraception Mandate vs. the Religious Freedom Restoration Act

Edward Whelan

The Obama administration’s HHS mandate on contraception (including contraceptives that sometimes operate as abortifacients) violates the federal Religious Freedom Restoration Act and displays contempt for the religious views of those it seeks to coerce.

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Notre Dame Law Review / November 2, 2012

Obama vs. Romney on the Supreme Court

Edward Whelan

The future of the Supreme Court is at stake in this presidential election. If Mitt Romney is elected, he will very likely succeed in appointing strong conservative justices and in dramatically improving the Court.

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National Review Online / October 11, 2012

Richard A. Posner’s Badly Confused Attack on Scalia/Garner

Edward Whelan

In his wildly incompetent review of their new treatise on legal interpretation, Judge Richard Posner smears Justice Scalia and Bryan Garner by wrongly contending that they misrepresent the cases they discuss.

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National Review Online / September 7, 2012

Some Initial Thoughts

Edward Whelan

The Supreme Court's Obamacare ruling makes it all the more imperative that the American people elect a president and Congress this November who will work together to repeal Obamacare.

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National Review Online / June 28, 2012