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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Strange Opposition to a Second Circuit Nominee

Michael Fragoso

Lost in the Blanche drama, the Senate on Tuesday confirmed Donald Trump’s latest nominee for the Second Circuit, Matt Schwartz….

Articles

National Review / July 23, 2026

Blanche, Trump, and Mifepristone

Michael Fragoso

The letter to Todd Blanche from Senators John Cornyn and Thom Tillis on the Louisiana mifepristone litigation was counterproductive. It’s worth taking stock…

Articles

National Review / July 23, 2026

Blanche, Cornyn, Tillis, and Mifepristone

Michael Fragoso

Mifepristone kills children and should, ideally, be banned. I have no doubt that the various FDA rulemakings to which it…

Articles

National Review / July 23, 2026

Lindsey Graham and Judicial Nominations

Michael Fragoso

The news early Sunday morning that Senator Lindsey Graham passed away was shocking. He was an institution in the Senate…

Articles

National Review / July 21, 2026

More on the Senate and Majority Rule

Michael Fragoso

Just in time for the 250th anniversary of the Declaration of Independence, the president reiterated his call to abolish the…

Articles

National Review / July 15, 2026

Congress Should End Retribution Fund for Good

Michael Fragoso

Regarding your editorial “Republicans Can Kill the Retribution Fund” (June 3), congressional Republicans have railed against judgment-fund settlement abuse for…

Articles

Wall Street Journal / July 9, 2026

Why Not Five Votes to Rule Against Birthright-Citizenship EO on Statutory Grounds?

Edward Whelan

I was expecting that the Court would rule in Trump v. Barbara that President Trump’s executive order violates 8 U.S.C. § 1401(a) and thus find it…

Articles

National Review / July 9, 2026