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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The legal move that could stop anti-Trump lawsuits in their tracks

Michael Fragoso

Trump’s enemies are weaponizing the courts — again. But a rarely used legal tool could strip district court judges of their power. Will the Justice Department use it?

Articles

The Blaze / March 19, 2025

Why Trump’s Judicial Picks Should Look Different In 2025 Than They Did In 2017

Michael Fragoso

The kind of clerked-for-four-justices-and-the-Pope, writes-poetry-about-calculus nominees Trump needed last time aren’t necessary politically. If Trump wants a tie to go to conservatism and not credentialism, it can.

Articles

The Federalist / March 19, 2025

The Supreme Court Should Step in to Curb Activist Judges

Michael Fragoso

An order to turn back deportation flights carrying alleged Tren de Aragua members midair shows why the Justices should act now to prevent a constitutional crisis.

Articles

City Journal / March 19, 2025

In Defense of Amy Coney Barrett: An Examination of Her Record

Michael Fragoso

Justice Barrett’s presence has fundamentally shifted the center of the Court. For decades, conservatives could only win by fitting their cases into the politically liberal framework of Anthony Kennedy. Now—thanks to Barrett—the path to victory is to fit it into the judicially conservative framework of Antonin Scalia. That alone is a political and jurisprudential victory, even if it doesn’t result in litigation victories in all cases.

Articles

Public Discourse / March 17, 2025

In Defense of Amy Coney Barrett: Why She Was Nominated to the Supreme Court

Michael Fragoso

Republicans couldn’t have filled the seat without Justice Barrett. Mitch McConnell knew this, and for that reason insisted that she needed to be the nominee.

Articles

Public Discourse / March 16, 2025

Winning a shutdown

Michael Fragoso

While congressional leadership works to extend current government funding past its looming deadline, Democrats are threatening to prevent any stopgap…

Articles

Washington Reporter / March 6, 2025

Trump Must Shut Out the American Bar Association

Michael Fragoso

The administration should remove the increasingly left-wing organization from the judicial-nominating process.

Articles

City Journal / March 3, 2025