Edward Whelan
Distinguished Senior Fellow and Antonin Scalia Chair in Constitutional Studies
Edward Whelan is a Distinguished Senior Fellow of the Ethics and Public Policy Center and holds EPPC’s Antonin Scalia Chair in Constitutional Studies. He is the longest-serving President in EPPC’s history, having held that position from March 2004 through January 2021.
Edward Whelan is a Distinguished Senior Fellow of the Ethics and Public Policy Center and holds EPPC’s Antonin Scalia Chair in Constitutional Studies. He is the longest-serving President in EPPC’s history, having held that position from March 2004 through January 2021.
Mr. Whelan 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, 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 has 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. 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.
For more on Mr. Whelan’s background, see this interview.
Mike Johnson must block Trump’s scheme on recess appointments
Edward Whelan
Trump is threatening to bypass Senate approval of his Cabinet picks. The House speaker should stop him.
Articles
The Washington Post / November 14, 2024
Sixth Circuit Panel Muddles Loper Bright, Botches Spending Clause
Edward Whelan
It also eviscerates Spending Clause limitations on the conditions that an agency can attach to grants to states.
Articles
National Review Online / September 6, 2024
Trump and the Conservative Legal Movement
Edward Whelan
The peril and promise of another term.
Articles
National Review / August 2, 2024
Iowa Supreme Court Upholds Heartbeat Law
Edward Whelan
Justice Matthew McDermott wrote the excellent majority opinion.
Articles
National Review Online / July 10, 2024
Texas Supreme Court Upholds Law Banning Transgender Medical Interventions on Children
Edward Whelan
The court ruled by a vote of 8 to 1 that a Texas law that prohibits certain medical treatments for children with gender dysphoria does not violate the state constitution.
Articles
National Review Online / July 10, 2024
Supreme Court’s Ruling on Facial Challenges in NetChoice Cases
Edward Whelan
The next order of business is to decide which of the laws’ applications violate the First Amendment, and to measure them against the rest.
Articles
National Review Online / July 9, 2024
Huge Win for Trump on Criminal Immunity
Edward Whelan
The only sensible option for Smith now is to abandon his prosecution.
Articles
National Review Online / July 8, 2024
Supreme Court Appears Ready to Dismiss Idaho Abortion Case
Edward Whelan
An order inadvertently posted on the Supreme Court’s website this morning indicates that the Court will dismiss the certiorari petitions that it granted in Idaho v. United States.
Articles
National Review Online / July 3, 2024
Eleventh Circuit Panel’s Sex-Change Confusion
Edward Whelan
Transgender claims sure make judges stupid.
Articles
National Review Online / May 21, 2024
NYT’s ‘Inside Story’ on Dobbs
Edward Whelan
The New York Times has published a long article today that undertakes to provide the “inside story of how the…
National Review Online / December 15, 2023
Fifth Circuit Ruling on FDA’s Approval of Abortion Pill
Edward Whelan
What the Court’s April order means, as the Fifth Circuit panel emphasizes, is that the Fifth Circuit’s ruling today does not alter the status quo.
National Review / August 16, 2023
Foolish Arguments Against Standing in 303 Creative—Part 3
Edward Whelan
On top of all the other reasons (spelled out in point 2.a of my Part 1 post) why it makes no sense to think that Lorie Smith or her attorneys concocted the apparently sham or prank request, it turns out—surprise, surprise—that the IP (Internet Protocol) address on the device that sent the request to Smith is located in San Francisco:
Articles
National Review / July 5, 2023
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BENCH MEMOS
This Day in Liberal Judicial Activism—December 2
Published on 2 December, 2024
This Day in Liberal Judicial Activism—December 1
Published on 1 December, 2024
Overview of What Trump Can Achieve on Federal Appellate Appointments
Published on 30 November, 2024
Summaries of D.C. Circuit, First Circuit, Second Circuit, Third Circuit, and Federal Circuit
Published on 30 November, 2024