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Ed Whelan
15.5K posts
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Ed Whelan
@EdWhelanEPPC
work @EPPCdc; blog @NRO Bench Memos; Confirmation Tales substack; co-editor (1) SCALIA SPEAKS, (2) ON FAITH, (3) THE ESSENTIAL SCALIA
D.C.
eppc.org/author/edward_…
Joined May 2010
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  • user avatar
    Ed Whelan
    @EdWhelanEPPC
    Nov 13, 2024
    Hope it's wrong, but I'm hearing through the grapevine about this bonkers plan: Trump would adjourn both Houses of Congress under Article II, section 3, and then recess-appoint his Cabinet.
    5M05M
  • user avatar
    Ed Whelan
    @EdWhelanEPPC
    Nov 11, 2024
    A Trump nominee who can't win prompt confirmation in a Senate with 53 Republicans is someone who shouldn't be nominated in the first place.
    494K0494K
  • user avatar
    Ed Whelan
    @EdWhelanEPPC
    Jan 25, 2024
    Abbott is not ”defy[ing] a Supreme Court ruling.” The Court vacated an injunction against the federal government. It did not order Texas to do, or not do, anything.
    user avatar
    Beto O'Rourke
    @BetoORourke
    Jan 24, 2024
    Abbott is using the Texas Guard to defy a Supreme Court ruling. When Gov. Faubus did this in 1957, Eisenhower federalized the Arkansas Guard to ensure compliance with the law. Biden must follow this example of bold, decisive leadership to end this crisis before it gets worse.
    514K0514K
  • user avatar
    Ed Whelan
    @EdWhelanEPPC
    Oct 20, 2025
    The attack was very likely illegal even if the victim was a drug trafficker. There are lawful ways of dealing with drug traffickers. Deliberately killing them without trial isn't one of them.
    user avatar
    The New York Times
    @nytimes
    Oct 19, 2025
    Breaking News: President Gustavo Petro of Colombia accused the U.S. of killing an innocent fisherman in a boat attack. President Trump said he would slash aid in response. nyti.ms/4qf13N3
    399K0399K
  • user avatar
    Ed Whelan
    @EdWhelanEPPC
    Nov 14, 2024
    Alexander Hamilton: Senate's power to approve or reject a president's top nominees “would tend greatly to prevent the appointment of unfit characters,” including those “who had no other merit than that … of possessing the necessary insignificance and pliancy to render them the
    509K0509K
  • user avatar
    Ed Whelan
    @EdWhelanEPPC
    Jan 18, 2025
    Guess who testified in October 2021 that the "President has no role" in the amendment process and "is not part of the amendment process"? Georgetown law prof Victoria Nourse.
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    user avatar
    Georgetown Law
    @GeorgetownLaw
    Jan 17, 2025
    Congratulations to #GeorgetownLaw Professor @vicnourse on her decades of hard work advocating on behalf of women's rights and the Equal Rights Amendment #ERA, which Pres. Biden this morning said should be considered the law of the land. Read more: cnn.it/3CdaV5A
    Readers added context
    The National Archivist has stated the amendment cannot be certified without action from Congress or the courts: abcnews.go.com/Politics/biden… Biden's January 17, 2025 statement is purely symbolic and lacks legal authority: npr.org/2025/01/17/nx-… The original ratification deadline of 1979 (extended to 1982) was missed: apnews.com/article/joe-bi…
    242K0242K
  • user avatar
    Ed Whelan
    @EdWhelanEPPC
    Jul 24, 2025
    Two big Ninth Circuit rulings today: 1. Court rules that Oregon requirement that parents seeking to adopt a kid from foster care agree to "respect, accept, and support" kid's sexual orientation and gender identity violates the First Amendment. Opinion by (excellent Trump
    115K0115K
  • user avatar
    Ed Whelan
    @EdWhelanEPPC
    Feb 14, 2025
    Awesome letter of resignation by Hagan Scotten, lead prosecutor in the Eric Adams case. Scotten, BTW, is recipient of two Bronze Stars and former law clerk to Chief Justice Roberts and then-D.C. Circuit judge Kavanaugh. 1/
    373K0373K
  • user avatar
    Ed Whelan
    @EdWhelanEPPC
    Nov 13, 2024
    Replying to @EdWhelanEPPC
    House Speaker Mike Johnson needs to say NO to this right away.
    509K0509K
  • user avatar
    Ed Whelan
    @EdWhelanEPPC
    Apr 19, 2025
    The only explanation I can see for the Supreme Court's extraordinary 7-2 order that directs the Trump administration "not to remove any member of the putative class of detainees from the United States until further order of this Court" is that the Court does not trust the Trump
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    491K0491K
  • user avatar
    Ed Whelan
    @EdWhelanEPPC
    Apr 14, 2025
    Outrageous misrepresentation of Supreme Court ruling. The unanimous Court ruled that the district-court order “properly requires the Government to ‘facilitate’ Abrego Garcia’s release from custody in El Salvador and to ensure that his case is handled as it would have been had he
    user avatar
    Acyn
    @Acyn
    Apr 14, 2025
    Trump: The supreme court, it was 9-0? Miller: In our favor, against the district court ruling, saying no district court has the power to compel the foreign policy
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    423K0423K
  • user avatar
    Ed Whelan
    @EdWhelanEPPC
    Nov 13, 2024
    Replying to @EdWhelanEPPC
    As predicate for Trump's exercise of adjournment power, one House of Congress would seek other House's consent to adjourn and be denied. So Speaker of House would need to be complicit in evisceration of Senate's advice-and-consent role.
    525K0525K
  • user avatar
    Ed Whelan
    @EdWhelanEPPC
    Oct 18, 2025
    Almost as if Trump administration is trying to avoid judicial review of the legality of its lethal attacks on suspected drug traffickers
    user avatar
    Alex Tabarrok
    @ATabarrok
    Oct 18, 2025
    Bizarre and troubling: the U.S. kills at sea without trial—but won't try to prosecute the survivors in open court.
    170K0170K
  • user avatar
    Ed Whelan
    @EdWhelanEPPC
    Jun 10, 2023
    Would someone please point me to the best legal argument that the Presidential Records Act somehow allows a former president to retain, and to refuse to return, and to conceal his possession of, classified materials? I'm not getting it. 1/
    599K0599K
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