Key Takeaways

• Donald Trump relied on the Federalist Society to suggest his judges.
• Justices tied to the Federalist Society vote more consistently conservative.
• The Federalist Society trains law students in originalist legal thinking.
• These justices will shape Supreme Court decisions for decades.

Federalist Society’s Role in Picking Judges

During his 2016 run, Donald Trump did something new. He shared a list of possible Supreme Court nominees. Yet he did not build that list alone. Instead, he turned to the Federalist Society. Trump said, “We’re going to have great judges, conservative, all picked by the Federalist Society.” This move helped him win over conservative and religious voters. After he took office, Trump tapped three justices from that list: Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. He also approved hundreds of lower court judges with ties to the Federalist Society.

Education and Networking through the Federalist Society

The Federalist Society began in 1982. It offered a space for conservative law students who felt ignored. Today, it hosts more than 200 chapters and over 70,000 members. Unlike many groups, it does not pick fights over specific issues. Instead, it teaches ideas and builds connections. In law schools, the group spreads originalism. This idea says judges should read the Constitution as people did when it was written. Originalism often leads to conservative rulings. For instance, some argue it could roll back decisions on contraception, same-sex marriage, and other rights.

Moreover, the Federalist Society helps young lawyers get clerkships and jobs. It links students with senior judges and donors. In turn, these young lawyers stay loyal to the group. Their loyalty can last a whole career. For Supreme Court justices, this network offers perks too. Justice Alito once joined a fishing trip paid by a top Federalist Society leader. Justice Thomas accepted expensive vacations and school tuition for his grandnephew from a major donor. Clearly, the Federalist Society shapes careers and rewards loyalty.

Research on Voting Patterns of Federalist Society Justices

We studied nearly 25,000 Supreme Court votes from 1986 to 2023. We wanted to know if justices tied to the Federalist Society vote differently. We labeled each vote as conservative or liberal. Conservative votes favor limits on abortion, weak business rules, and fewer rights for some groups. Liberal votes do the opposite. We compared justices with Federalist Society ties to other Republican appointees.

The results are clear. Justices linked to the Federalist Society vote about ten points more often in a conservative way. They also stay consistent and rarely stray from that view. For example, Justice Scalia, the first justice with Federalist Society ties, almost always sided with conservative outcomes. In contrast, Justice Souter, a Bush appointee with no links, often voted with liberals. He backed abortion rights and opposed religious displays in public spaces. Our research shows that these networks really matter.

Long-Term Effects on Supreme Court Decisions

Justices stay on the Supreme Court for around 25 years. All current Republican-appointed members have Federalist Society ties. As a result, the conservative legal agenda will likely guide many court rulings. We already saw this in rulings that limited abortion rights and ended affirmative action in college admissions. The court also expanded presidential powers by shielding the president from criminal charges.

Despite Trump’s recent feud with the Federalist Society and its co-chair, Leonard Leo, these justices remain in place. Trump called Leo a “sleazebag” after a court blocked his tariff plan. Yet the justices he helped nominate will keep shaping big cases on elections, LGBTQ+ rights, and more. The next term starts soon and will add new landmark decisions.

In short, the Federalist Society built a network that will influence the Supreme Court for decades. It picked, trained, and rewarded judges who share its originalist vision. As a result, Americans can expect more conservative rulings ahead.

Frequently Asked Questions

How did Donald Trump use the Federalist Society in his campaign?

He shared a list of possible judges the group helped choose. This move reassured conservative voters.

What is originalism and why does the Federalist Society promote it?

Originalism reads the Constitution as people did when it was written. The group sees it as a fair way to limit judges’ power.

Why do justices linked to the Federalist Society vote more conservatively?

They share a clear ideology and have deep ties. These bonds keep them aligned with conservative goals.

What impact will these justices have on future cases?

They will shape rulings on abortion, gay rights, voting laws, and presidential powers for years to come.