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. The program on The Constitution, the Courts, and the Culture, under the direction of EPPC President Edward Whelan, explores these competing conceptions. The program focuses, 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.
Latest News & Publications
The President Comes Out By Edward Whelan Thursday, May 10, 2012
On marriage as on so many other matters, President Obama has failed to recognize what is needed to sustain the American experiment.
Inept NYT Op-Ed Defending HHS Mandate By Edward Whelan Monday, February 27, 2012
Sunday's New York Timesfeatured an incompetent op-ed by a member of its editorial board contending that the "legal case against the [HHS contraception mandate] is remarkably weak." But what is "remarkably weak" is the editorialist's grasp of the relevant principles of religious freedom that she undertakes to present.
On C-Span's "Washington Journal," EPPC President Ed Whelan criticized the Obamacare's contraception mandate as a stark violation of religious liberty. Watch his segment below or at C-Span here.
Green Bag Honors EPPC Amicus Brief
The Green Bag has bestowed its award for Exemplary Legal Writing for 2005 on EPPC's amicus brief to the U.S. Supreme Court defending the presence of the Ten Commandments on the grounds of the Texas capitol. Congratulations and thanks to Mark A. Perry, Daniel J. Davis, Ryan P. Meyers, and Dustin K. Palmer, all of the law firm of Gibson, Dunn & Crutcher, for their outstanding work. This EPPC brief was one of only two briefs to receive this award.
Two leading commentators on the Roberts and Alito nominations, EPPC President Ed Whelan and New Republic legal affairs editor Jeffrey Rosen, explored what lessons can be drawn from the successful confirmations of Chief Justice John Roberts and Justice Samuel Alito. If President Bush has the opportunity to nominate another Supreme Court justice, how can the Administration best apply those lessons in order to achieve another victory? How can opponents wage a more effective campaign against a future Bush nominee? Washington Post reporter Charles Lane, one of the nation's best Supreme Court reporters, moderated the discussion. Audio of this event is now available.
What is the appropriate role of the federal judiciary in our republic? What would the Framers of the Constitution think of today's activist judges? Supreme Court Justice Antonin Scalia helped launch EPPC's Fall 2004 lecture series with remarks on "The Courts and Democracy."
Paul Mirengoff of the influential Power Line blog has said, "Blogs like NRO’s Bench Memos … enable legal super-stars like Ed Whelan to shoot down bad arguments against nominees within hours."
