Notwithstanding the controversy, Whelan did not withdraw her name for consideration and was rapidly appointed a Judge of the Court of Appeal by the President of Ireland on 19 June 2017. She made the formal declaration as a Judge of the Court of Appeal on 21 June 2017. After her appointment and declaration, when she was already a sitting judge, her ability was the subject of exchanges between Micheál Martin and Leo Varadkar in Dáil Éireann leading to fears over the stability of the government. These exchanges led to what was seen as a public rebuke of the Taoiseach and Martin by the then Chief Justice of Ireland, Susan Denham, defending the independence of the judiciary.
