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, 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.

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VIDEO: Ed Whelan Discusses Gorsuch Hearing on Fox Business

March 21, 2017 |

On March 21, 2017, EPPC President Ed Whelan appeared on Fox Business Channel’s “Making Money with Charles Payne” to discuss the…

VIDEO: Ed Whelan Previews Gorsuch Confirmation Hearing on Fox News

March 18, 2017 |

EPPC President Ed Whelan appeared on Fox News Channel’s “Journal Editorial Report” to offer a preview of the upcoming confirmation hearing for Supreme Court nominee Neil Gorsuch.

VIDEO: Ed Whelan at Heritage Foundation Panel “What Kind of Judge is Neil Gorsuch? A Closer Look at His Cases”

March 7, 2017 | Heritage Foundation

EPPC President Ed Whelan participated in a Heritage Foundation panel discussion analyzing Supreme Court nominee Neil Gorsuch’s most significant rulings in the areas of administrative law, religious liberty, and free speech.

VIDEO: Ed Whelan on Georgetown Law Panel on Gorsuch Confirmation Process

March 1, 2017 | Georgetown University

On March 1, 2017, EPPC President Ed Whelan took part in a panel discussion at Georgetown University Law Center in…

VIDEO: MSNBC’s Morning Joe Discusses Ed Whelan’s Comments on Gorsuch Nomination

February 3, 2017 |

“Morning Joe” guest Jeremy Peters of the New York Times discusses EPPC President Ed Whelan’s comments on the Senate confirmation process of Supreme Court nominee Neil Gorsuch.

AUDIO: Ed Whelan Discusses Gorsuch Nomination on WMAL

February 1, 2017 |

EPPC President Ed Whelan appeared on WMAL radio’s “Mornings on the Mall” to discuss the nomination of Neil Gorsuch to the Supreme Court.

VIDEO: Fox News: Former Scalia clerk Ed Whelan Predicts Easy Confirmation for Gorsuch

February 1, 2017 |

EPPC President Ed Whelan joined Fox News Channel’s “Happening Now” to discuss the Supreme Court nomination of Neil M. Gorsuch and the upcoming confirmation battle in the Senate.

VIDEO: PBS NewsHour: How Scalia Made Constitutional Law Exciting

February 15, 2016 | PBS NewsHour

EPPC President Ed Whelan, a former law clerk to Supreme Court Justice Antonin Scalia, appeared on PBS NewsHour to discuss the late justice’s legacy.

July 25, 2005 | MSNBC

EPPC President Edward Whelan debated against Nan Aron, the head of the liberal group Alliance for Justice, on MSNBC’s Connected: Coast to Coast.

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