How does the society gain influence?
The same way as most organizations—by networking. As Republican presidents from Ronald Reagan to George W. Bush have filled judicial vacancies with conservatives, they’ve looked to the society as a likely source of judges who will reliably agree with conservative principles. Those judges, in turn, fill clerkships with eager young conservatives from the Society. Judge Alex Kozinski, a Federalist Society member who sits on the 9th Circuit Court of Appeals, says seeing the Society on a résumé “tells me you’re of a particular philosophy, and I tend to give an edge to people I agree with philosophically.” Such favoritism, many conservatives say, is long overdue.
What do they mean by that?
Conservatives contend that for decades, the legal establishment was dominated by liberals, from law schools to the courts. In fact, it was in protest of what they called “orthodox liberal ideology” that a handful of law students at Yale and the University of Chicago started the Society in 1982. Co-founder Steven Calabresi recalls that only two of the 88 members of his first-year class at Yale raised their hands when asked if they had voted for Ronald Reagan. “I think some others in that room had voted for him,” says Calabresi, “and I realized that we needed an organization to encourage others to come forward.” Many others did, with dramatic results.
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What, exactly, do the Federalists want?
Their name provides a major clue. “Federalism” refers to the idea, first advanced by Alexander Hamilton, that the federal government should not encroach on the powers of the states. But the Society embraces a wide range of conservative causes. Some members favor libertarian notions of individual liberties over “big government.” Others advocate “strict constructionism,” which holds that only rights explicitly outlined by the Founders should be enshrined in constitutional law—and that abortion and privacy are not on that list. But they all share the conviction that, starting with the Warren Court in the 1950s, liberals have twisted the law and the Constitution beyond recognition.
Are they turning things around?
Indeed they are. The Society brings together academics who hone legal theories, activists in the trenches of Washington’s policy wars, and highly motivated litigators. These lawyers are widely credited (or blamed) with producing a number of important court decisions, from curtailing the scope of the Clean Air Act to limiting the use of racial preferences in college admissions. In coming years, the Federalists’ influence is sure to grow.
http://www.theweekmagazine.com/article.aspx?id=1245