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.
EPPC’s program on The Constitution, the Courts, and the Culture, under the direction of EPPC President Edward Whelan, explores these competing conceptions and promotes principles of constitutional originalism and judicial restraint. We focus, 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.
Through his program work, including his award-winning blogging on National Review Online’s Bench Memos, Mr. Whelan has been an influential commentator on confirmation battles for Supreme Court justices and lower-court judges.
Judge Sykes Versus Judge Rovner on the HHS Mandate
A careful examination of the competing majority and dissenting opinions in a recent Seventh Circuit ruling shows that the majority faithfully applied religious-liberty principles in granting relief against the HHS contraception mandate and that the dissent repeatedly defied Supreme Court precedent. Read More.
Richard A. Posner’s Reflections on Judging
In his latest copy-and-paste compilation, Seventh Circuit judge Richard Posner somehow sees fit to republish his reckless smear of the recent book, Reading Law, co-authored by Justice Antonin Scalia and Bryan Garner. Read More.
Non-Discrimination Principles Versus Civil Liberties
In testimony invited by the United States Commission on Civil Rights, EPPC President Ed Whelan explains that the sweeping application of non-discrimination principles poses an increasingly severe threat to civil liberties, especially to our first liberty of religious freedom. Read More.
The Next Supreme Court Vacancy
In the event that President Bush has the opportunity to nominate another Supreme Court justice, what lessons do the successful confirmations of Chief Justice John Roberts and Justice Samuel Alito provide? How can the Administration and its supporters best achieve another victory? Can opponents of the nomination wage a more effective campaign? In this discussion Read More.