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2010
November
Don’t Defend, Don’t Appeal?
When may a president decline to defend a federal law?
By Edward Whelan
Posted: Thursday, November 4, 2010
A recent ruling against the "don't ask, don't tell" law raises the broader question whether and when a president may decline to defend a federal law. In exploring the principles
A Reckless False Alarm
By Edward Whelan
Posted: Tuesday, November 2, 2010
Meryl Chertoff's inflammatory rhetoric defending Justice O'Connor's politicking shouldn't obscure the fact that Chertoff completely fails to address the substantive argument that
October
Don't Defend, Don't Tell
The Obama Administration has chosen to place political considerations over a proper defense of the Don't Ask, Don't Tell law.
By Edward Whelan
Posted: Friday, October 15, 2010
President Obama's political appointees at the Department of Justice, including Attorney General Eric Holder and then-Solicitor General Elena Kagan, have only pretended to mount a vigorous defense
September
EPPC Amicus Brief in Proposition 8 Marriage Appeal
By Edward Whelan
Posted: Friday, September 24, 2010
In an amicus brief filed in the Ninth Circuit, EPPC President Ed Whelan surveys Judge Vaughn Walker's remarkable course of misconduct in the Proposition 8 case and concludes that the inescapable
August
The Most Egregious Performance Ever by a Federal District Judge
By Edward Whelan
Posted: Monday, August 16, 2010
In light of the totality of Judge Walker's conduct in the anti-Proposition 8 lawsuit in California, it is doubtful that any federal district judge has ever committed more egregious and momentous
July
EPPC President Ed Whelan's Testimony on Kagan Nomination
By Edward Whelan
Posted: Friday, July 16, 2010
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
June
Senate Judiciary Committee Testimony of Edward Whelan on Nomination of Elena Kagan
By Edward Whelan
Posted: Wednesday, June 30, 2010
Contrary to claims about the supposed "activism" of the Roberts Court, any sober assessment of the current reality and future risk of judicial activism provides compelling reason to vote
The Blankest Slate
Let the Senate inquire into Elena Kagan’s suppressed judicial philosophy
By Edward Whelan
Posted: Thursday, June 3, 2010
Because so little is known about Elena Kagan's legal and policy views, and because what little is known suggests that she may well indulge her sense of empathy in making legal judgments, it is
May
On the Kagan Nomination
By Edward Whelan
Posted: Tuesday, May 11, 2010
In symposia for the Washington Post, the New York Times, and CNN.com, EPPC President Ed Whelan offers brief reflections on the nomination of Elena Kagan to the Supreme Court.
March
Unsound and Unfit
President Obama’s worst judicial nominee . . . so far
By Edward Whelan
Posted: Thursday, March 25, 2010
Berkeley law professor Goodwin Liu, nominated by President Obama to the U.S. Court of Appeals for the Ninth Circuit, presents a volatile mix of aggressive left-wing ideology and raw inexperience.
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. 

Recent Events

The Next Supreme Court Vacancy
Lessons from the Roberts and Alito Confirmation Processes

Mar 14, 2006

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.

Justice Antonin Scalia Launches EPPC Lecture Series
Supreme Court Justice speaks on "The Courts and Democracy"

Sep 20, 2004

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."

M. Edward Whelan III
Blogging on the Courts

EPPC President Edward Whelan, the director of the program on The Constitution, the Courts, and the Culture, is a leading contributor to Bench Memos, National Review Online's award-winning blog on judicial nominations and constitutional law. You can read a list of all of his postings here.

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." 


The views expressed by EPPC scholars in their work are their individual views only and are not to be imputed to EPPC as an institution.
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