The Constitution, the Courts, and the Culture publication
Judge Sykes Versus Judge Rovner on the HHS Mandate
Edward Whelan
A careful examination of the competing majority and dissenting opinions in a recent Seventh Circuit ruling shows that the majority faithfully applied religious-liberty principles in granting relief against the HHS contraception mandate and that the dissent repeatedly defied Supreme Court precedent.
Articles
National Review Online / November 19, 2013
Richard A. Posner’s Reflections on Judging
Edward Whelan
In his latest copy-and-paste compilation, Seventh Circuit judge Richard Posner somehow sees fit to republish his reckless smear of the recent book, Reading Law, co-authored by Justice Antonin Scalia and Bryan Garner.
Articles
National Review Online / October 21, 2013
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.
Articles
New York Post / February 1, 2013
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.
Articles
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.
Articles
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.
Articles
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.
Articles
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.
Articles
National Review Online / October 11, 2012