5-4

The Federalist Society, part 1: Immodest Origins

Jan 23, 2024

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.

01:11:10

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Quick takeaways

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.

Introduction

2min

The Rise of the Federalist Society

12min

The Rise of Conservative Legal Foundations and the Need for a Positive Ideological Vision

4min

Origins of the Federalist Society

23min

Conservative Perspectives on Roe v. Wade and Planned Parenthood v. Casey

5min

The Rise of the Federalist Society

24min

The Factors Behind the Federalist Society's Success

3min

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.

If you can't get enough of these monsters, you may want to read The Rise of the Conservative Legal Movement: The Battle for Control of the Law (Princeton, 2008) by Steven Teles, or listen to ProPublica and WNYC's "We Don't Talk About Leonard" series on On the Media.

If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support

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.

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

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5-4

The Federalist Society, part 1: Immodest Origins