Testifying before the Senate Judiciary Committee on the nomination of Elena Kagan to the Supreme Court, EPPC President Ed Whelan critiqued Senate Democrats' flimsy attacks on the Roberts Court and explained that "any sober assessment of the current reality and future risk of judicial activism provides further compelling reason to vote against the Kagan nomination."

Read his complete testimony here, and watch his oral testimony here (initial presentation beginning at 01:56:06, and answers to questions at 02:18:13, 02:23:23, and 02:26:31).