The Constitution, the Courts, and the Culture

The proper role of the courts in construing the Constitution is one of the most hotly contested issues in American society. Competing conceptions of the role of the courts animate election battles and fuel disputes over Supreme Court rulings, judicial nominations, and proposed constitutional amendments.

EPPC’s program on The Constitution, the Courts, and the Culture, under the direction of EPPC Distinguished Senior Fellow Edward Whelan, explores these competing conceptions and promotes principles of constitutional originalism and judicial restraint. We focus, in particular, on what is at stake for American culture writ large—for the ability of the American people to engage in responsible self-government and to maintain the “indispensable supports” of “political prosperity” that George Washington (and other Founders) understood “religion and morality” to be.

Through his program work, including his award-winning blogging on National Review Online’s Bench Memos, Mr. Whelan has been an influential commentator on confirmation battles for Supreme Court justices and lower-court judges.

Click here to sign up for email distributions of blog posts and other writings by Ed Whelan.

Amicus Briefs

EPPC and our scholars regularly file amicus briefs in key cases to promote a true and full account of human nature and human flourishing in the context of American constitutional law. Compiled on this page are some of our amicus briefs in cases addressing the right to life, marriage, gender ideology, religious freedom, free speech, and the rule of law. 

Program Publications

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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…


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.


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.


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.


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.


National Review Online / February 17, 2023

Program Appearances

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VIDEO: Ed Whelan on the Leaked Dobbs Draft Opinion

Firing Line with Margaret Hoover / May 13, 2022

VIDEO: Ed Whelan on the Leaked Dobbs Opinion

EWTN News /

AUDIO: Ed Whelan Discusses KBJ on SCOTUS 101 Podcast

SCOTUS 101 podcast / March 18, 2022

AUDIO: Ed Whelan discusses President Biden’s Supreme Court Nominee Ketanji Brown Jackson

Issues, Etc. Podcast / February 28, 2022

AUDIO: Ed Whelan Discusses SCOTUS Nomination at Federalist Society Virtual Event

The Federalist Society / March 1, 2022

AUDIO: Ed Whelan on Texas Heartbeat Act Cases

“Amarica’s Constitution” podcast / December 14, 2021

VIDEO: Ed Whelan Discusses Biden’s Court-Packing Threat on Fox Business

Fox Business / December 8, 2021