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Judge John Roberts
Abortion and Justice
Let’s hope John Roberts is a genuine moderate.
By M. Edward Whelan III
Posted: Friday, July 22, 2005
President Bush's Supreme Court nominee John Roberts will not be a "pro-life" justice who will read the Constitution to prohibit permissive abortion laws. Increasing numbers of observers across the political spectrum are coming to recognize that it is well past time for the Supreme Court to restore abortion policy to the people and to the political processes in the states. What all Americans should hope is that Roberts will prove to be a genuine moderate on abortion, like Scalia, who will recognize that the Constitution does not speak to the question of abortion.  [Read More]
John Roberts
Abortion and Precedent
What John Roberts really said.
By M. Edward Whelan III
Posted: Monday, September 19, 2005
Judge Roberts's chief strategic objective in his confirmation hearing was to secure the support of Chairman Specter -- a vocal supporter of Roe v. Wade -- without losing the support of conservative Republicans. It is a testament to Roberts's skills as an advocate that his remarks at his confirmation hearing on abortion and stare decisis have been understood by Specter and many other supporters of Roe as suggesting that he would not vote to overrule Roe. What seems not to have been noticed is that Roberts deftly marked the path for the eventual overruling of Roe.  [Read More]
Abortion Politics 2008
By Hadley Arkes
Posted: Monday, December 17, 2007
There is in Rudy Giuliani's campaign a sobering truth that cannot be evaded: The nomination and election of Rudy Giuliani would mark the end of the Republican party as the pro-life party in our politics.  [Read More]
Alien Justice
Ruth Bader Ginsburg vs. the Declaration of Independence
By M. Edward Whelan III
Posted: Tuesday, April 26, 2005
Justice Ruth Bader Ginsburg recently gave a speech defending the Supreme Court's increasing use of foreign law in support of its rulings on the meaning of the Constitution. The speech's rhetorical centerpiece is a crude and illogical attack against originalists — those who adhere to the original understanding of the Constitution and of the various amendments to it. But in attacking originalism as "frozen in time," Ginsburg slights the genius of the Framers in setting up a system in which the people, through their elected representatives and within the broad bounds established by the Constitution, adapt the laws to changing times.  [Read More]
Ruth Bader Ginsburg
Alito vs. Ginsburg
Take a look. You decide.
By M. Edward Whelan III
Posted: Thursday, November 17, 2005
Who better understands American values and ideals, and who would be more faithful to the proper role of a judge? Alito or Ginsburg? The New York Times opined that Judge Alito is "an idealogue", however, a close examination of the evidence reveals who is really out of the "mainstream".  [Read More]
Another Fein Mess
The ABA's Signing-Statement Report
By M. Edward Whelan III
Posted: Thursday, August 24, 2006
Bruce Fein's defense of the ABA task force's foolish report on presidential signing statements does him no credit, except to highlight once again the wondrous and hilarious fact that this improbable Svengali, whom Chief Justice Roberts some two decades ago euphemistically described as an 'unalloyed jurisprudential iconoclas[t],' somehow dazed the prominent academics and former judges on the task force into adopting his loopy analysis.  [Read More]
The Appropriate Role of Foreign Judgments in the Interpretation of American Law
Testimony of Edward Whelan before the House Judiciary Committee's Constitution Subcommittee
By M. Edward Whelan III
Posted: Monday, July 18, 2005
EPPC President Ed Whelan is scheduled to testify at a House subcommittee hearing on Tuesday, July 19, 2005, on "The Appropriate Role of Foreign Judgments in the Interpretation of American Law." His testimony explains the latest developments in the disturbing trend of citing foreign rulings in Supreme Court decisions, and discusses a House bill that would make it clear that interpretations of the Constitution "should not be based in whole or in part on judgments, laws, or pronouncements of foreign institutions."  [Read More]
Are You an Originalist?
Take this simple test and find out.
By M. Edward Whelan III
Posted: Wednesday, July 13, 2005
The term "originalism" identifies the traditional, common-sense principle that the meaning of the Constitution is to be determined in accordance with the meaning it bore when it was written. There is not anything novel about originalism -- in fact, until recently, it was constitutional orthodoxy. Take our simple one-question test to find out whether you are an originalist.  [Read More]
Total Records: 8


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.

Here is some of the praise Mr. Whelan has received for his blogging:

From Steve Schmidt, who, as special adviser to President Bush, led the White House's efforts to confirm the Supreme Court nominations of John Roberts and Samuel Alito: "Ed Whelan was the most influential and valuable commentator on the nominations of Chief Justice Roberts and Justice Alito. His remarkably rapid, thorough, and reliable responses to the distorted attacks on the nominees prevented those attacks from gaining traction. The White House was deeply grateful that he was on our side."

From Paul Mirengoff of the influential Power Line blog:  "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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