Federalist Society

The Federalist Society for Law and Public Policy Studies is an American legal organization of conservatives and libertarians that advocates for judges to interpret the law as it was written in the US Constitution. According to the Federalist Society’s website, the group is founded on the principles that the state exists to preserve freedom, the separation of governmental powers is central to the US Constitution, and the judiciary’s duty is to interpret the law as it is, not say what it should be. Founded in 1982 by students at Yale University and University of Chicago law schools, the Federalist Society was initially nurtured by law professors, including Robert Bork, a justice on the US Court of Appeals for the DC Circuit and failed Supreme Court nominee, and Antonin Scalia, who went on to become a Supreme Court Justice. The nonprofit organization’s membership includes 10,000 law students and 65,000 law professionals across the United States. It is headquartered in Washington, DC.

The Federalist Society has been influential in shaping the Supreme Court. Every presidential administration has a group that it turns to when it needs to identify potential judicial candidates. As a candidate, Republican Donald Trump sought guidance from the society on a potential replacement for the late Scalia. As of 2025, the Supreme Court had a six-justice majority, all with ties to the Federalist Society: Chief Justice John Roberts, Samuel Alito, Clarence Thomas, and Trump’s appointments: Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. While the Federalist Society clearly has influence among conservatives, it does not lobby or endorse legislation, policies, or political candidates.

Background

The Federalist Society began on Yale University’s campus in the spring of 1982. Inspired by President Ronald Reagan and with thoughts of challenging the liberal ideology on campus, a group of law students invited some of the country’s conservative scholars, judges, and administration officials for a three-day symposium called “A Symposium on Federalism: Legal and Political Ramifications.” It attracted about 200 people, and speakers at the event included Scalia, who was then a law professor at the University of Chicago.

After the symposium, leaders wrote a document to propose the Federalist Society. The proposal indicated that many conservative resources are expended creating organizations that duplicate one another. They felt that the Federal Society had great potential because no other similar organization existed. One year after the symposium, seventeen Federalist Society chapters were on law school campuses throughout the United States.

The society looks to the Federalist Papers for direction on how the judicial branch should operate. Alexander Hamilton, James Madison, and John Jay published more than eighty political essays between 1787 and 1788 urging support of the US Constitution. Most of the essays were written by Hamilton. In The Federalist #78, Hamilton states that federal courts are supposed to be a body between the people and the legislature and that the courts are to ensure that the people’s representatives act with the authority granted under the Constitution. Further, the courts have the duty to interpret the meaning of not only the Constitution but also laws passed by Congress. If any law passed by Congress conflicts with the Constitution, “the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents,” according to The Federalist #78.

As the Federalist Society became more influential in selecting federal judges, the prestige that the American Bar Association (ABA) enjoyed faded. From President Dwight Eisenhower forward, presidents gave the names of prospective federal judicial nominees to the ABA prior to public announcements. During President Ronald Reagan’s administration, candidate names were not given to the ABA before they were reviewed by the president’s Federal Judicial Selection Committee. During the President George W. Bush years, the administration refused to give out names to the ABA before their submission to the Senate. The Bush administration was criticized for taking the ABA out of the usual process.

While the Federalist Society is for conservatives, the American Constitution Society (ACS) is a progressive legal organization. It was founded in 2001 after the Supreme Court decision Bush v. Gore in 2000. Founder Peter Rubin, a Georgetown Law School Professor, served as counsel to Al Gore in the aftermath of the 2000 election. The ACS has identical facets—conferences, chapters of law students and practicing attorneys, and education projects. According to the ACS website, its mission is to create a diverse nationwide network of progressive lawyers, law students, judges, and scholars to work together to uphold the US Constitution. They should ensure that the law protects democracy and the public interest.

Some liberal critics argue that the Federalist Society led to the downfall of Roe v. Wade. They claim that the society’s theory called “strict constructionism” was and is wrong because it seeks to look at modern laws through the viewpoint of those who wrote the US Constitution in 1787. They say the society favors activist judges who will take a stance on social issues, in this case, abortion. As already stated, all six of the Supreme Court’s justices who voted to overturn the case had some connection to the Federalist Society.

Bibliography

“About ACS.” American Constitution Society, www.acslaw.org/about-us. Accessed 12 Jan. 2025.

Green, Emma. “How the Federalist Society Won.” The New Yorker, 24 July 2022, www.newyorker.com/news/annals-of-education/how-the-federalist-society-won. Accessed 12 Jan. 2025.

Mandery, Evan. “Why There’s No Liberal Federalist Society.” Politico Magazine, 23 Jan. 2019, www.politico.com/magazine/story/2019/01/23/why-theres-no-liberal-federalist-society-224033. Accessed 12 Jan. 2025.

Miller, John J. “A Federalist Solution.” Philanthropy Roundtable, 2011, www.philanthropyroundtable.org/magazine/a-federalist-solution. Accessed 12 Jan. 2025.

Montgomery, David. “Conquerors of the Courts.” Washington Post Magazine, 2 Jan. 2019, www.washingtonpost.com/news/magazine/wp/2019/01/02/feature/conquerors-of-the-courts. Accessed 12 Jan. 2025.

“Overview—Rule of Law.” United States Courts, www.uscourts.gov/educational-resources/educational-activities/overview-rule-law. Accessed 12 Jan. 2025.

Pinkerton, Byrd, and Dylan Matthews. “The Incredible Influence of the Federalist Society, Explained.” Vox, 3 June 2019. www.vox.com/future-perfect/2019/6/3/18632438/federalist-society-leonard-leo-brett-kavanaugh. Accessed 12 Jan. 2025.