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.
EPPC Amicus Brief in Case Challenging FDA Approval of Abortion Pill
Edward Whelan
Ed Whelan announces his amicus brief filed on behalf of EPPC in the pending challenge of Alliance for Hippocratic Medicine against the FDA’s approval of the abortion pill.
Articles
National Review Online / February 10, 2023
Ruth Marcus’s Critique of Originalism Is Bunk
Edward Whelan
Her critique is rife with confusions, straw men, and empty epithets.
Articles
National Review Online / December 8, 2022
Lithwick Mocks Slate’s Readers on 303 Creative Oral Argument
Edward Whelan
This is not a mistake that just happens. It’s an artful distortion.
Articles
National Review Online / December 5, 2022
Servants of the Constitution
Edward Whelan
The triumph of the conservative legal movement.
Articles
National Review / July 18, 2022
Comment on Memphis Center for Reproductive Health v. Slatery
Edward Whelan
The permissibility of abortion, and the limitations upon it, are to be resolved like most important questions in our democracy: by citizens trying to persuade one another and then voting.
Articles
Texas Review of Law & Politics / June 29, 2022
Courting Assassination
Edward Whelan
On what legitimate theory can the dissenting justices continue to dawdle?
Articles
National Review / June 8, 2022
Alito Makes Masterful Argument to ‘Overturn’ Roe v. Wade
Edward Whelan
Justice Samuel Alito’s draft opinion in Dobbs v. Jackson Women’s Health Center is a masterful account of why Roe v. Wade was wrong from the start and why it should be jettisoned. For liberals shocked by the prospective ruling, and for conservatives who thought it might never happen, it’s worth taking a look at Alito’s clear reasoning.
Articles
The New York Post / May 3, 2022
Outstanding Draft Majority Opinion in Dobbs
Edward Whelan
Above all, the superb quality of the draft is compelling evidence that it is genuine.
Articles
National Review Online / May 3, 2022
With Jackson Nomination, Senate Republicans Have an Opportunity
Edward Whelan
If Senate Republicans assess Ketanji Brown Jackson on the basis of judicial philosophy, and don’t succumb to political pressure because of her race and sex, they will responsibly fulfill their constitutional duty to advise and consent.
Articles
CNN / February 25, 2022