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.

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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, 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. The National Law Journal has named Mr. Whelan 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.

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VIDEO: Ed Whelan on C-SPAN on President Trump’s SCOTUS List

September 14, 2020 | C-SPAN - Washington Journal

On September 14, 2020, EPPC President Ed Whelan appeared on C-SPAN’s Washington Journal to discuss President Trump’s recent additions to his…

VIDEO: Ed Whelan on C-SPAN on President Trump’s Impact on the Federal Judiciary

November 6, 2019 | C-SPAN - Washington Journal

EPPC President Ed Whelan appeared on C-SPAN’s Washington Journal to discuss President Trump’s judicial appointments and overall state of the federal judiciary.

VIDEO: Ed Whelan and Christopher Scalia Discuss On Faith at Heritage Foundation

May 8, 2019 | The Heritage Foundation

EPPC President Ed Whelan and Christopher Scalia appeared at an event sponsored by the Heritage Foundation to discuss On Faith: Lessons from an American Believer, which they co-edited and which features the late Supreme Court justice Antonin Scalia’s reflections on his own faith, on the challenges that religious believers face in modern America, and on the religious freedoms protected by the Constitution.

VIDEO: Ed Whelan on Fox Business on Kavanaugh Hearings

September 5, 2018 | Fox Business Network

EPPC President Ed Whelan joined host Neil Cavuto on Fox Business Network to discuss the confirmation hearings for Supreme Court nominee Brett Kavanaugh.

VIDEO: Ed Whelan Discusses Kavanaugh Hearings on C-SPAN’s Washington Journal

September 5, 2018 | C-SPAN - Washington Journal

EPPC President Ed Whelan appeared on C-SPAN’s Washington Journal to discuss Judge Brett Kavanaugh’s judicial philosophy and topics likely to be discussed on day two of Judge Kavanaugh’s confirmation hearing.

AUDIO: Ed Whelan Discusses Kavanaugh Nomination on Fox News Radio’s Benson & Harf

August 14, 2018 | Fox News Radio’s Benson & Harf

EPPC President Ed Whelan appeared on Fox News Radio’s Benson & Harf to discuss the latest on the nomination of Judge Brett Kavanaugh to the Supreme Court.

VIDEO: Ed Whelan on Fox News Special Report on Kavanaugh Documents, Confirmation Hearing

August 3, 2018 | Fox News Channel - Special Report

EPPC President Ed Whelan appeared on Fox News Channel’s Special Report to discuss the upcoming confirmation hearing for Supreme Court nominee Brett Kavanaugh, and dispute over the release of documents from Kavanaugh’s tenure in the George W. Bush White House.

VIDEO: Ed Whelan Discusses SCOTUS Nominee Brett Kavanaugh on Fox Business

July 10, 2018 | Fox Business Network

On July 10, 2018, EPPC President Ed Whelan appeared on Fox Business Network’s “Making Money with Charles Payne” to discuss…

VIDEO: Ed Whelan Discusses Kavanaugh Confirmation Battle on MSNBC

July 10, 2018 | MSNBC Live with Katy Tur

EPPC President Ed Whelan appeared on MSNBC Live with Katy Tur to discuss the process to confirm Supreme Court nominee Brett Kavanaugh.

VIDEO: Ed Whelan Discusses SCOTUS Nominee with Neil Cavuto

July 9, 2018 | Fox Business Network

On July 9, 2018, EPPC President Ed Whelan appeared on Fox Business Network’s “Cavuto: Coast to Coast” to discuss President…

VIDEO: Ed Whelan on Supreme Court Nominee Announcement

July 8, 2018 | Fox News Channel

EPPC President Ed Whelan joined Fox News Channel’s “The Next Revolution with Steve Hilton” to discuss the President Trump’s forthcoming nomination of a replacement for retiring Justice Anthony Kennedy on the Supreme Court.

VIDEO: Ed Whelan on Fox Business: Democrats have no ammunition on SCOTUS nominee

June 28, 2018 | Fox Business Network

EPPC President Ed Whelan appeared on Fox Business Network to discuss President Trump’s opportunity to nominate a successor to retiring Supreme Court Justice Anthony Kennedy.

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