Edward Whelan

Edward Whelan

President

Program:

Contact: ewhelan@eppc.org

Edward Whelan is the President of the Ethics and Public Policy Center. He directs EPPC’s program on The Constitution, the Courts, and the Culture. His areas of expertise include constitutional law and the judicial confirmation process. As a contributor to National Review Online’s Bench Memos blog, he has been a leading commentator on nominations to the Supreme Court and the lower courts and on issues of constitutional law. He has written essays and op-eds for leading newspapers (including the Wall Street Journal, the New York Times, and the Washington Post), opinion journals, and academic symposia and law reviews.

In 2011, the National Law Journal named Mr. Whelan among its “Champions and Visionaries” in the practice of law in D.C. The National Law Journal praised Mr. Whelan for “pioneer[ing] the field of legal blogging” and for offering “commentary [that] infuses national debates over judicial nominees, Supreme Court ethics and appellate court decisions—so much so that, when a Senate Republican cites outside research into the record of an Obama nominee, it’s more likely than not that the handiwork is Whelan’s.”

Mr. Whelan, a lawyer and a former law clerk to Supreme Court Justice Antonin Scalia, has served in positions of responsibility in all three branches of the federal government. From just before the terrorist attacks of September 11, 2001, until joining EPPC in 2004, Mr. Whelan was the Principal Deputy Assistant Attorney General for the Office of Legal Counsel in the U.S. Department of Justice. In that capacity, he advised the White House Counsel’s Office, the Attorney General and other senior DOJ officials, and Departments and agencies throughout the executive branch on difficult and sensitive legal questions. Mr. Whelan previously served on Capitol Hill as General Counsel to the U.S. Senate Committee on the Judiciary. In addition to clerking for Justice Scalia, he was a law clerk to Judge J. Clifford Wallace of the U.S. Court of Appeals for the Ninth Circuit.

In 1981 Mr. Whelan graduated with honors from Harvard College and was inducted into Phi Beta Kappa. He received his J.D. magna cum laude in 1985 from Harvard Law School, where he was a member of the Board of Editors of the Harvard Law Review.

BENCH MEMOS

This Day in Liberal Judicial Activism-December 20

Published on 20 December, 2014

“The Crumbling Gender Binary”

Published on 19 December, 2014

Christmas Invitations

Published on 19 December, 2014

Filibuster Delusions

Published on 19 December, 2014

PUBLICATIONS


The Senate and the Courts

Published in The Weekly Standard on September 25, 2014

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Murphy’s Law

Published in National Review on June 27, 2014

Falling Down on the Job

Published in Weekly Standard on February 17, 2014

Non-Discrimination Principles Versus Civil Liberties

Published in United States Commission on Civil Rights on March 1, 2013

EPPC President Ed Whelan on CNN

Published in CNN on February 2, 2013

Scouting’s Suicide

Published in New York Post on February 1, 2013

EPPC’s Supreme Court Amicus Brief in Proposition 8 Marriage Case

Published in United States Supreme Court on January 29, 2013

Federalism and Marriage

Published in National Review on December 31, 2012

Marriage at Stake

Published in National Catholic Register on December 12, 2012

The Basics on the DOMA Case

Published in National Review Online on December 10, 2012

The Activism to Come

Published in National Review on December 3, 2012

The HHS Contraception Mandate vs. the Religious Freedom Restoration Act

Published in Notre Dame Law Review on November 2, 2012

Obama vs. Romney on the Supreme Court

Published in National Review Online on October 11, 2012

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

Published in National Review Online on September 7, 2012

Some Initial Thoughts

Published in National Review Online on June 28, 2012

The President Comes Out

Published in National Review Online on May 10, 2012

Birth-Control Mandate: Unconstitutional and Illegal

Published in The Wall Street Journal

Can Marriage Be Saved?

Published in National Review Online

Don’t Defend, Don’t Appeal?

Published in The Weekly Standard on October 30, 2010

A Reckless False Alarm

Published in National Law Journal's Supreme Court Insider on November 2, 2010

Don't Defend, Don't Tell

Published in Public Discourse on October 15, 2010

The Blankest Slate

Published in National Review on June 7, 2010

Unsound and Unfit

Published in National Review Online on March 24, 2010

Lessons Learned

Published in National Review Online on December 30, 2009

A Higher Bar for Sotomayor

Published in Politico on June 4, 2009

Harold Koh’s Transnationalism

Published in National Review Online's Bench Memos Blog on May 5, 2009

Replacing Justice Souter

Published in Washington Post on May 3, 2009

The Souter Mistake

Published in New York Times on May 1, 2009

Supreme Success

Published in National Review Vol. LX, No. 24 on December 29, 2008

Obama and the Supreme Court

Published in National Review Online on October 29, 2008

Far From Sober

Published in National Review Online on January 23, 2008

Judicial Activism Awards Fixed!

Published in Los Angeles Times on October 24, 2007

Going South on Southwick?

Published in National Review Online on July 12, 2007

The Next Supreme Court Vacancy

Published in National Review on June 21, 2007

Back to the States

Published in National Review Online on May 29, 2007

Supreme Bias

Published in National Review, Vol. 59, No. 8 on May 14, 2007