Bench Memos

Law & the Courts

‘The Federalist Society Continues Its Great Success’

That’s the title of my new Confirmation Tales post. An excerpt:

Perhaps you think it improper, even egregious, for federal and state judges to be active in an organization that files amicus briefs, including on hot-button issues like abortion, in the Supreme Court and other courts, that adopts resolutions on the broad range of public-policy topics, that rates federal judicial nominees, and that even tries to mobilize the public “to send messages directly to your elected officials.”

I certainly do. That’s one of many reasons to condemn the American Bar Association, the liberal geriatric guild that falsely proclaims itself the “national voice of the legal profession.”

In sharp contrast to the ABA, the Federalist Society does “not lobby for legislation, take policy positions, or sponsor or endorse nominees and candidates for public service.” It does not submit amicus briefs. It does not undertake to enlist the public in political undertakings. And it has never done any of these things.

And therein lies one of the great keys to its success.

Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
Exit mobile version