Ed Whelan Archives - Ethics & Public Policy Center

Doubts About Constitutional Personhood

The only plausible path to imminent legal protection of the unborn has as its first step overturning Roe and restoring abortion policy to the states.

The Unsoundness and Imprudence of “Common-Good Originalism”

The immediate aftermath of Justice Amy Coney Barrett’s appointment to the Supreme Court is a strange time to urge conservatives to repudiate Justice Antonin Scalia’s twin interpretive methodologies of originalism and textualism.

Justice Barrett Would Extend Scalia’s Legacy

Amy Coney Barrett’s record, both as a judge and in her earlier career as a distinguished law professor at Notre Dame, shows both her profound commitment to Justice Scalia’s principles of textualism and originalism and her stellar ability to implement them.

Why Finding Justices Who Will Overturn Roe v. Wade Hasn’t Been Easy, And What to Do About It

Any effort to seat justices who will overturn Roe needs to take account of the serious political obstacles that stand in the way. We must not surrender in the face of these obstacles. But we must recognize them in order to navigate through them.

Senator Hawley’s Judicial Test on Roe v. Wade Won’t Work

Political realities can be confronted and transformed, but they cannot simply be imagined away. Unfortunately, Senator Hawley’s pro-life litmus test promises no more success in the future than it would have had in the past.

Vile Smear of Justice Alito

In a rant on Vox, Ian Millhiser condemns Justice Alito as a “defender of white racial innocence.”

McConnell’s Supreme Court Tactics: Politics 101

When the president and the Senate majority are from the same party, look for the swift confirmation of a Supreme Court nominee.

The Presumption of Constitutionality

The principle that the courts must apply a statute unless the statute clearly conflicts with the Constitution has deep roots and inheres in the very foundation of the power of judicial review.

The Judicial Divide Between Conservatives and Liberals

EPPC President Ed Whelan was interviewed by The Politic, an undergraduate journal at Yale, about right vs. left on the Supreme Court and more.

Trump Picks Brett Kavanaugh

Judge Kavanaugh, 53 years old, has compiled an outstanding record during his twelve years on the federal court of appeals in D.C. On what is commonly regarded as the second-most-important court in the country, he has confronted a vast array of consequential constitutional and statutory issues and has written strong, influential opinions.