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PoliticsIs the Federalist Society Shaping the Supreme Court?

Is the Federalist Society Shaping the Supreme Court?

Key takeaways:

• The Federalist Society shapes U.S. courts by training conservative lawyers.

• Donald Trump used the Federalist Society to pick Supreme Court nominees.

• Justices linked to the Federalist Society vote more conservatively and steadily.

• Their influence will last for decades, affecting key issues like abortion and voting rights.

The Federalist Society’s Court Influence

Since 1982, the Federalist Society has grown into a powerful network of conservative lawyers. Rather than back public campaigns, it focuses on education and networking. Its main goal is to teach originalism, which means judges should stick to the Constitution’s original meaning. As a result, the group’s members often favor stricter rules on issues like abortion, business regulation, and LGBTQ+ rights.

Moreover, this network guides young lawyers toward top clerkships and government jobs. In turn, these lawyers stay loyal to the Federalist Society throughout their careers. Therefore, the group builds a pipeline of judges who share its conservative values.

How the Federalist Society Picks Judges

During the 2016 election, Donald Trump surprised many by releasing a list of potential Supreme Court picks. Yet he did not choose them himself. Instead, he handed that task to the Federalist Society’s leaders. Trump even said, “We’re going to have great judges, conservative, all picked by the Federalist Society.”

In his first term, Trump followed through. He appointed three justices with ties to the Federalist Society: Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. In addition, he named hundreds of lower court judges from the same network.

Also, the Federalist Society connects junior lawyers with seniors. For instance, Justice Samuel Alito accepted a luxury fishing trip organized by Leonard Leo, a top Federalist Society leader. Justice Clarence Thomas received high-end vacations and school tuition for his grandnephew from a major Fed Soc donor. These perks show how the network rewards loyalty and builds close bonds.

The Research on Voting Records

Recently, political scientists studied nearly 25,000 Supreme Court votes from 1986 to 2023. They asked two main questions: Are justices tied to the Federalist Society more conservative? And do they vote more consistently conservative than others?

To answer this, they marked each vote as conservative or liberal. A conservative vote might limit reproductive rights or reject LGBTQ+ protections. A liberal vote would do the opposite.

They found that justices linked to the Federalist Society cast conservative votes about ten percentage points more often than other justices. Even presidents who pick Republican judges but not through the Federalist Society see more mixed records. Meanwhile, Fed Soc judges stay steady. They rarely break from conservative views.

For example, former Justice David Souter, a Republican pick with no Federalist Society ties, often voted with the court’s liberal side. In contrast, justices tied to the Federalist Society almost never strayed from conservative lines.

What This Means for the Future

Supreme Court justices serve about twenty-five years on average. All current Republican-appointed members have Federalist Society links. Therefore, Americans can expect conservative rulings for decades to come.

Already, the Court has made major conservative moves. It has curbed abortion rights in recent decisions. It ended affirmative action in college admissions. It also expanded presidential power, even blocking criminal charges against a sitting president.

Despite this, former President Trump has criticized the Federalist Society. He called Leonard Leo a “sleazebag” after a court blocked his tariff plan. Yet these personal conflicts do not change the Fed Soc’s hold on the judiciary.

Moreover, the new Court term will cover important topics. Cases on LGBTQ+ rights and federal election rules will come up. Justice Amy Coney Barrett, a Federalist Society alum, will play a key role. Consequently, the group’s agenda will stay at the center of national debates.

In addition, the Federalist Society will keep training future lawyers. Its chapters in law schools will push originalism and other conservative ideas. As graduates move into clerking and government roles, they will keep strengthening the network.

Why It Matters

At its core, the Federalist Society built a long game. It did not start as a campaign group. Instead, it offered conservative students a place to learn and connect. Over time, it grew into a force that shapes the highest court in the land.

Therefore, when we see Supreme Court rulings on hot-button issues, we must recognize the network behind some justices. In the end, the Federalist Society’s influence goes beyond one president or one term. It has set up lasting channels for conservative legal power.

Frequently Asked Questions

What is the Federalist Society’s main goal?

The group seeks to train lawyers in originalism and conservative legal thought. It also connects them to key clerkships and government roles.

How does the Federalist Society pick Supreme Court nominees?

Party leaders consult its top members, who suggest candidates aligned with the group’s beliefs. Presidents may then use that list for nominations.

Why do Federalist Society–linked justices vote more conservatively?

They share the group’s training and values. Their careers often depend on supporting conservative legal outcomes.

Will the Federalist Society influence future courts?

Yes. All current Republican-appointed justices are linked to it. Their long terms will keep its ideas alive for years.

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