Explore the origins and evolution of the influential right-wing organization, the Federalist Society, its impact on law schools and judge selection. Learn about the rise of conservative legal foundations, the founding of the Federalist Society by law students, their motivation and financial backing. Discover the conservative movement's strategies regarding Roe v. Wade and Planned Parenthood v. Casey. Uncover the factors behind the Federalist Society's success and its influence in judicial nominations.
The Federalist Society started as a conservative student organization before expanding into a nationwide network and career pipeline for conservative lawyers.
The Federalist Society played a significant role in shaping judicial nominations during the George W. Bush administration, with many members appointed to key positions in the administration.
The Federalist Society expanded its influence beyond federal appointments and targeted state courts to shape the development of state law.
Deep dives
The Founding of the Federalist Society
In the late 1970s and early 1980s, conservative law students at Yale and Chicago felt isolated in their ideology on law school campuses. They organized a symposium at Yale Law School in 1982, which marked the founding of the Federalist Society. The symposium gained attention and drew interest from conservative law students at other universities across the country. With support from conservative foundations, the Federalist Society quickly expanded and became a platform for conservative legal thought. They started hosting debates and discussions on law school campuses, presenting themselves as a forum for diverse legal perspectives. The organization also began to develop close ties with prominent conservatives, such as Robert Bork and Antonin Scalia, and secured funding from conservative billionaire donors like the Olin and Skate foundations.
Influence on Judicial Nominations
The Federalist Society played a significant role in shaping judicial nominations during the George W. Bush administration. Many Federalist Society members were appointed to key positions in the administration, including cabinet secretaries and White House advisors. The organization became a screening mechanism and a vetting process for conservative judges. The society's membership or involvement became a positive factor in judicial appointments. George W. Bush nominated over 24 Federalist Society members to the Supreme Court and Federal Courts of Appeal. The society's influence extended beyond nominations, with members playing pivotal roles in major cases like Bush v. Gore. The Federalist Society's network of conservative lawyers and legal scholars further consolidated during this time.
Expanding Influence and the State Courts Project
While the Federalist Society's influence in federal judicial appointments waned during the Obama administration, the organization shifted its focus to state supreme courts. In 2007, they established the State Courts Project to target state courts and influence the development of state law. With a significant financial investment, the project aimed to monitor state law developments and exert pressure on politicians, including powerful Republican governors. The Federalist Society recognized that state courts play a crucial role in shaping the law and saw an opportunity to make an impact outside of federal appointments. This expansion of influence allowed the organization to continue shaping the legal landscape at both the federal and state levels.
Formation and Expansion of the Federalist Society
The podcast episode discusses how the Federalist Society started as a modest student organization in the early 1980s. It quickly gained support from conservative foundations and established connections with prominent conservative lawyers, law professors, and judges. The Federalist Society's founding proposal outlined its structure and activities, including career placement for law students. With institutional backing, the organization evolved into a nationwide network and career pipeline for conservative lawyers. The founding documents revealed that the Federalist Society aimed for a diverse range of conservative and libertarian perspectives, avoiding factionalism and attracting liberals to participate. The organization's growth was facilitated by financial support from foundations like the Olin Foundation and the Skay Foundation.
Influence on Politics and Judiciary
The podcast highlights how the Federalist Society expanded its influence beyond student chapters and established a professional network for lawyers. Conservative members were hired in prominent positions within the federal government, connecting with the conservative legal movement. The Federalist Society became a crucial voice in conservative politics, running communication campaigns against legislation they opposed, like Obamacare. The organization's close ties to Republican leadership, such as Mitch McConnell, facilitated their impact, and their influence on Supreme Court nominations, including Gorsuch, Kavanaugh, and Barrett. This alliance with Trump solidified their presence on the courts, leading to significant decisions on issues such as abortion, governance, and campaign finance through cases like Roe v. Wade, Citizens United, and Citizens United.
There's a powerfully connected right-wing organization operating at every elite law school in the nation. It built itself by leveraging the conservative victim complex, the Reagan revolution, networks of judges and activists, and cold hard psycho millionaire cash. This is the story of the Federalist Society.
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5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin and this episode was fact checked by Arielle Swedback. Our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.
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