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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Senate Testimony on Defending Marriage

Edward Whelan

Thank you very much, Chairman Leahy and ranking member Grassley, for inviting me to testify before this Committee on S….

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Disclosure Delayed Is Justice Denied

Edward Whelan

Two weeks ago, former federal district judge Vaughn Walker, who ruled last summer in Perry v. Schwarzenegger that California's Proposition…

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National Review Online / April 19, 2011

House of Representatives Testimony on Defending Marriage

Edward Whelan

On April 15, 2011, Mr. Whelan testified before the Constitution Subcommittee of the House of Representatives’ Judiciary Committee at a…

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Should Supreme Court proceedings be televised? No

Edward Whelan

[Mr. Whelan’s brief essay was paired with another contributor’s essay that supported a “Yes” answer.] There is very little to…

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Ninth Circuit Nominee Goodwin Liu

Edward Whelan

On May 25, 2011, in the wake of a resounding defeat of the cloture petition on his nomination, Goodwin Liu…

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Reinhardt’s Non-Disqualification Memorandum

Edward Whelan

The following items originally appeared on National Review Online’s Bench Memos blog: Reinhardt’s Non-Disqualification Memorandum—Part 1 Reinhardt’s Non-Disqualification Memorandum—Part 2…

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National Review Online / January 7, 2011

Don’t Defend, Don’t Appeal?

Edward Whelan

The recent district court ruling that the “don't ask, don't tell” law governing homosexuals in the military is unconstitutional triggered…

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The Weekly Standard / October 30, 2010

A Reckless False Alarm

Edward Whelan

In her commentary Monday (“Burning Down the House“), Meryl Chertoff attacks me for arguing that Justice Sandra Day O'Connor's politicking…

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Don't Defend, Don't Tell

Edward Whelan

Earlier this week, a single federal district judge in California issued an injunction immediately and permanently barring the Department of…

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Public Discourse / October 15, 2010

EPPC Amicus Brief in Proposition 8 Marriage Appeal

Edward Whelan

On September 24, 2010, EPPC President Ed Whelan filed an amicus brief on behalf of EPPC in the Ninth Circuit…

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The Most Egregious Performance Ever by a Federal District Judge

Edward Whelan

Consider the totality of Judge Walker’s conduct in the anti-Prop 8 case: Let’s start with Walker’s initial case-management conference when…

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National Review Online / August 13, 2010

EPPC President Ed Whelan’s Testimony on Kagan Nomination

Edward Whelan

Testifying before the Senate Judiciary Committee on the nomination of Elena Kagan to the Supreme Court, EPPC President Ed Whelan…

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