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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NYT’s ‘Inside Story’ on Dobbs

Edward Whelan

The New York Times has published a long article today that undertakes to provide the “inside story of how the…

National Review Online / December 15, 2023

Fifth Circuit Ruling on FDA’s Approval of Abortion Pill

Edward Whelan

What the Court’s April order means, as the Fifth Circuit panel emphasizes, is that the Fifth Circuit’s ruling today does not alter the status quo.

National Review / August 16, 2023

Foolish Arguments Against Standing in 303 Creative—Part 3

Edward Whelan

On top of all the other reasons (spelled out in point 2.a of my Part 1 post) why it makes no sense to think that Lorie Smith or her attorneys concocted the apparently sham or prank request, it turns out—surprise, surprise—that the IP (Internet Protocol) address on the device that sent the request to Smith is located in San Francisco:


National Review / July 5, 2023

Foolish Arguments Against Standing in 303 Creative—Part 2

Edward Whelan

Another thing that has amazed me is how many folks on the Left—including accomplished lawyers and law professors—are repeating these foolish arguments against standing in 303 Creative.


National Review / July 3, 2023

Foolish Arguments Against Standing in 303 Creative—Part 1

Edward Whelan

It’s been amazing to witness the flurry of foolish arguments that opponents of the simple and straightforward ruling in 303 Creative v. Elenis have spewed over the past several days.


National Review / July 3, 2023

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

Program Media

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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