When confronted by a Washington Post Magazine reporter with the idea that originalism is designed to promote conservatism, Leo denied it, saying that originalism is practiced correctly without a partisan political motive. "Our Constitution was made to promote liberty, freedom, equal rights, things like that, and nothing they do contributes to those principles at all."
“This method of interpretation systematically disenfranchises minorities,” says Nancy Scherer, associate professor of political science at Wellesley College. Some argue that the Federalist Society is working backwards, using originalism to best fit its socially regressive aims. One common critique of originalism is that reading the Constitution through an 18th-century lens ultimately hurts people of color, LGBTQ+ folks, and women. “Originalism is a kind of very loose umbrella idea that can hold them together.” What are the main critiques of originalism? “They all, to some degree, find liberalism to be a threat to their fundamental interests,” notes Teles. Steven Teles, a professor of political science at Johns Hopkins University, tells Teen Vogue that this rebellion against liberal ideals is part of what binds Federalist Society members together despite their differences. Originalism has been described as a movement explicitly aimed at pushing back against progressive victories. Wade, and, as some of Thomas's previous rulings suggest, could be used to overturn federal child labor laws. But the philosophy has been used to promote radically conservative points of view: Originalism informed the Supreme Court’s overturning of Roe v. Proponents of originalism claim their philosophy is politically neutral, arguing that the Constitution’s meaning should not be decided on a judge’s whim but on the document’s fixed meaning.
Under Scalia’s early influence, originalism became a core value of the Federalist Society and gained popularity on the right. Originalism is a school of thought that believes justices must interpret the US Constitution on the meaning of its language at the time it was written. What does the Federalist Society have to do with the “originalist” legal movement? Trump also seemed to exhibit a preference for Federalist Society members in the appeals courts, where Senator Sheldon Whitehouse (D-RI) claims 90% of Trump's appointees were current or former members, per the New Republic. According to the Washington Post, Chief Justice John Roberts's name was reportedly listed on membership documents in the 1997-1998 directory, though he has said he doesn’t remember joining. Trump’s three eventual Supreme Court appointees - Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett - have or have had ties to the society, as do fellow conservative justices Clarence Thomas and Samuel Alito. The Federalist Society encompasses a range of conservative viewpoints from Leo’s religious devotion to hardcore libertarianism - and Leo has become a symbol of the scope of the Federalist Society’s influence.ĭuring Donald Trump's 2016 presidential campaign, he released a list of his potential Supreme Court nominees, all of whom were reportedly handpicked by Leo. The outlet reports he has long advocated for making abortion illegal and served on the board of the Catholic Association Foundation, which has supported efforts to criminalize same-sex marriage. Leo is a devout Catholic who has been labeled “ultraconservative” by The New Republic. It allows individuals to claim their conservative bona fides and unlock high-powered opportunities.Īt the center of this sprawling network is the organization’s longtime figurehead, Leonard Leo. Over the years, having ties to the Federalist Society has become a litmus test for conservatives. The organization may purport “to sponsor fair, serious, and open debate,” but its profound effect on American politics only benefits one party.
For me, it's a distinction without a difference.” So the Federalist Society only claims responsibility for connecting these folks.
#First group photo supreme court free#
"But its individual members in their free time do all of those things. “Because of its 501c3 status, it has to very fervently double down on the idea that the organization does not take policy positions, does not help with judicial selection, does not endorse Republican candidates, does not work with the Republican Party," Hollis-Brusky explains. The Federalist Society is a 501c3 nonprofit, which makes it exempt from taxes but limits its political work however, the network of politicians, donors, conservative lawyers, and activists with links to the organization are under no such restrictions. Teen Vogue has reached out to the Federalist Society for comment.
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