The Activism to Come

National Review | Published on December 3, 2012

By Edward Whelan

In his second term, President Obama will likely lock up Justice Ginsburg's seat on the left for another generation and, if other vacancies arise, may threaten two or three decades of liberal dominance of the Supreme Court.

The HHS Contraception Mandate vs. the Religious Freedom Restoration Act

Notre Dame Law Review | Published on November 2, 2012

By Edward Whelan

The Obama administration’s HHS mandate on contraception (including contraceptives that sometimes operate as abortifacients) violates the federal Religious Freedom Restoration Act and displays contempt for the religious views of those it seeks to coerce.

Obama vs. Romney on the Supreme Court

National Review Online | Published on October 11, 2012

By Edward Whelan

The future of the Supreme Court is at stake in this presidential election. If Mitt Romney is elected, he will very likely succeed in appointing strong conservative justices and in dramatically improving the Court.

Richard A. Posner’s Badly Confused Attack on Scalia/Garner

National Review Online | Published on September 7, 2012

By Edward Whelan

In his wildly incompetent review of their new treatise on legal interpretation, Judge Richard Posner smears Justice Scalia and Bryan Garner by wrongly contending that they misrepresent the cases they discuss.

Some Initial Thoughts

National Review Online | Published on June 28, 2012

By Edward Whelan

The Supreme Court's Obamacare ruling makes it all the more imperative that the American people elect a president and Congress this November who will work together to repeal Obamacare.