Edward Whelan

Distinguished Senior Fellow and Antonin Scalia Chair in Constitutional Studies

Edward Whelan is Distinguished Senior Fellow of the Ethics and Public Policy Center and holds EPPC’s Antonin Scalia Chair in Constitutional Studies. He served as EPPC’s president from 2004 to 2021. He directs EPPC’s program on The Constitution, the Courts, and the Culture 

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Edward Whelan is Distinguished Senior Fellow of the Ethics and Public Policy Center and holds EPPC’s Antonin Scalia Chair in Constitutional Studies. He served as EPPC’s president from 2004 to 2021. He directs EPPC’s program on The Constitution, the Courts, and the Culture 

As a founding contributor to National Review Online’s Bench Memos blog, Mr. Whelan has been a leading commentator on nominations to the Supreme Court and the lower courts and on issues of constitutional law. In his Confirmation Tales newsletter, he draws lessons from his three decades of experience in judicial-confirmation battles. 

Mr. Whelan 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. The National Law Journal named him among its “Champions and Visionaries” in the practice of law in D.C. 

Mr. Whelan is co-editor of three volumes of Supreme Court Justice Antonin Scalia’s work: Scalia Speaks: Reflections on Law, Faith, and Life Well Lived  (Crown Forum, 2017), a  New York Times bestselling collection of speeches by Justice Scalia; On Faith: Lessons from an American Believer  (Crown Forum, 2019), a collection of Justice Scalia’s writings on faith and religion; and The Essential Scalia: On the Constitution, the Courts, and the Rule of Law  (Crown Forum, 2020), a collection of Justice Scalia’s views on legal issues. 

Mr. Whelan, a lawyer and a former law clerk to Justice Scalia, has served in positions of responsibility in all three branches of the federal government: as a law clerk to Justice Scalia and to Judge J. Clifford Wallace of the Ninth Circuit, as General Counsel to the U.S. Senate Committee on the Judiciary, and as Principal Deputy Assistant Attorney General for the Office of Legal Counsel in the U.S. Department of Justice.  

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

For more on Mr. Whelan’s background, see this interview. 

 

Twitter: @EdWhelanEPPC 

Facebook: EdWhelanEPPC 

Bench Memos 

Confirmation Tales 

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Why Not Five Votes to Rule Against Birthright-Citizenship EO on Statutory Grounds?

Edward Whelan

I was expecting that the Court would rule in Trump v. Barbara that President Trump’s executive order violates 8 U.S.C. § 1401(a) and thus find it…

Articles

National Review / July 9, 2026

EPPC Scholars File Fifth Circuit Urging Supreme Court to Reinstate Abortion Drug’s In-Person Dispensing Safety…

Edward Whelan, Eric Kniffin, Rachel N. Morrison

On June 22, EPPC Distinguished Senior Fellow Ed Whelan and EPPC fellows Eric Kniffin and Rachel N. Morrison filed an…

Amicus Brief

PDF / June 29, 2026

Ninth Circuit Judges Question Whether a Catholic Can Sincerely Object to the Covid Vaccine

Edward Whelan

At oral argument last week in Rolovich v. Washington State University, two judges on a Ninth Circuit panel seemed to think…

Articles

National Review / June 25, 2026

EPPC Scholars File Amicus Brief Urging Supreme Court to Reinstate Abortion Drug’s In-Person Dispensing Safety…

Edward Whelan, Eric Kniffin, Rachel N. Morrison

On May 6, EPPC Distinguished Senior Fellow Ed Whelan and EPPC Fellows Eric Kniffin and Rachel N. Morrison filed an…

Amicus Brief

PDF / May 14, 2026

Scalia Ascendant

Edward Whelan

REVIEW: ‘Scalia: Supreme Court Years, 1986-2001’ by James Rosen

Articles

The Washington Free Beacon / March 22, 2026

Enshrine Nine

Edward Whelan

In our intensely polarized politics, each side expects the other side to escalate the conflict, and each therefore has an…

Articles

Democracy Project / October 6, 2025

Justice Barrett Makes Her Case

Edward Whelan

REVIEW: ‘Listening to the Law: Reflections on the Court and the Constitution’ by Amy Coney Barrett

Articles

The Washington Free Beacon / October 5, 2025

Skrmetti Ruling—Part 3

Edward Whelan

Justice Thomas and Justice Barrett each wrote noteworthy concurring opinions in United States v. Skrmetti. Thomas first explains why the reasoning…

Articles

National Review Online / June 18, 2025

Skrmetti Ruling—Part 2

Edward Whelan

Here’s my summary of the Chief’s opinion in United States v. Skrmetti. (I quote extensively from the opinion but have not…

Articles

National Review Online / June 18, 2025

Skrmetti Ruling—Part 1

Edward Whelan

In an important ruling today in United States v. Skrmetti, the Supreme Court ruled by a vote of 6 to 3…

Articles

National Review Online / June 18, 2025

Trump Should Re-Issue Order to and “Through” Newsom

Edward Whelan

I just listened to the 70-minute hearing that federal district judge Charles Breyer held on California’s motion for a temporary…

Articles

National Review Online / June 12, 2025

Three Unanimous ‘Conservative’ Opinions by Liberal Justices

Edward Whelan

The Supreme Court today issued rulings in five argued cases (and dismissed the certiorari petition in a sixth). Four of those…

Articles

National Review / June 5, 2025

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