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Over the last thirty years, the Federalist Society for Law and Public Policy Studies has grown from a small group of disaffected conservative law students into an organization with extraordinary influence over American law and politics. Although the organization is unknown to the average citizen, this group of intellectuals has managed to monopolize the selection of federal judges, take over the Department of Justice, and control legal policy in the White House.
Today the Society claims that 45,000 conservative lawyers and law students are involved in its activities. Four Supreme Court Justices--Antonin Scalia, Clarence Thomas, John Roberts, and Samuel Alito--are current or former members. Every single federal judge appointed in the two Bush presidencies was either a Society member or approved by members. During the Bush years, young Federalist Society lawyers dominated the legal staffs of the Justice Department and other important government agencies.
The Society has lawyer chapters in every major city in the United States and student chapters in every accredited law school. Its membership includes economic conservatives, social conservatives, Christian conservatives, and libertarians, who differ with each other on significant issues, but who cooperate in advancing a broad conservative agenda.
How did this happen? How did this group of conservatives succeed in moving their theories into the mainstream of legal thought?
What is the range of positions of those associated with the Federalist Society in areas of legal and political controversy? The authors survey these stances in separate chapters on
regulation of business and private property;
race and gender discrimination and affirmative action;
personal sexual autonomy, including abortion and gay rights; and
American exceptionalism and international law.
- Sales Rank: #944742 in eBooks
- Published on: 2013-04-15
- Released on: 2013-06-01
- Format: Kindle eBook
Review
"Avery and McLaughlin have written an important, highly informative book about the role of the Federalist Society in shaping jurisprudence and public policy over the last 30 years. [...] Recommended."
--Choice
"...clear and engaging..."
--Los Angeles Review of Books
"...it’s possible, given the volume of information in this book, to reconstruct a thesis about why the Federalist Society was so effective in changing the legal debate in America. [...] With striking clairvoyance, it outlined an incrementalist strategy for narrowing the right to reproductive choice and predicted, accurately, that the expansive jurisprudence of personal autonomy, recognized in cases like Roe v. Wade, might eventually lead to the judicial recognition of gay marriage."
--The New York Times Book Review
"...illuminating and important..."
--Washington Independent Review of Books
"Much of what The Federalist Society covers will be familiar to readers who closely follow law or politics, but even those readers will find value in its straightforward mix of history, case studies, and legal arguments. For others, it serves as an introduction to a long-term story that has slowly and quietly--but dramatically--changed the American legal system."
--Foreword
"Fascinating, well-written and hard-hitting piece of writing underscoring the importance of the federal judiciary in our democracy. The politicization of the courts is a topic more relevant than ever in these partisan times, and Avery and McLaughlin's concise, incisive style does it justice."
--Nan Aron, President and Founder, Alliance for Justice
"Michael Avery and Danielle McLaughlin have written a compelling book about how the Federalist Society came to prominence, its tremendous influence in Republican presidential administrations especially in the selection of judges, and its conservative ideology on major issues of constitutional law. It is a story of how ideas, money, and careful planning came together to change the legal landscape. This well-written book is a must read for all who want to understand the conservative movement in law, its views and those advancing them."
--Erwin Chemerinsky, Dean and Distinguished Professor, University of California, Irvine School of Law
"A compelling intellectual history of the rise of the powerful Federalist Society, this is a thoughtful recounting of all the ways in which the group has impacted and influenced legal doctrine, and a roadmap of what's to come should their ascendancy continue. Anyone who cares about the courts or the law will find The Federalist Society a stark reminder of the power of abstract ideas to effect real and lasting change for decades."
--Dahlia Lithwick, Senior Editor, Slate.com
From the Inside Flap
How conservative ideas rose to a position of dominance in law and politics
About the Author
Michael Avery is a Professor of Law at Suffolk University Law School where he teaches constitutional law and evidence, is a former president of the National Lawyers Guild. From 1970 to 1998, he was in private practice, specializing in plaintiffs' civil rights litigation and criminal defense.
Danielle McLaughlin is a litigation associate in the Boston officers of Nixon Peabody LLP, where her practice focuses on commerical litigation and government investigations. She clerked for the honorable William Young in the Federal District Court for the District of Massachusetts, and was the Editor-in-Chief of Suffolk University Law School's Journal of High Technology.
Most helpful customer reviews
6 of 8 people found the following review helpful.
Fascinating read
By Maria
I found this a fascinating read. As someone who knows relatively little about the politics that inform our legal system, I was blown away by the extent to which a single group's interests are represented in the Supreme Court. The authors' treatment of this political subject is fair and unbiased. The Federalist Society seems to me an important work in exposing the complex and secretive network of conservative power in the United States.
11 of 18 people found the following review helpful.
Descent into American Conservatism
By Hazel
THE FEDERALIST SOCIETY: HOW CONSERVATIVES TOOK BACK THE LAW FROM LIBERALS by Michael Avery and Danielle McLaughlin explores how and why the Federalist Society was founded, developed and funded. Professor Avery teaches at Suffolk University Law School and has been a civil rights attorney and former president of the National Lawyers Guild. Ms. McLaughlin is a graduate of Suffolk University Law School and is currently a litigation associate at Nixon Peabody in Boston.
With chapters on every law school campus, the Federalist Society is churning out a stream of disciplined lawyers who will dismantle regulation and consequently dismember government from within and without. It's a sobering book, acutely but readably written. This is an important read for anyone interested in politics, law and the future of the American democratic experiment. Its sharp and exacting critique of progressive philanthropy should instigate serious reconsideration of how liberal funders operate, especially in the areas of racial, social, gender, consumer, criminal and environmental justice.
In researching the funding that allowed the Federalist Society to grow so effectively, the authors note that most of its foundation support was in the form of unrestricted rather than program grants. Its five largest funders, which include the Olin Foundation and foundations operated by the Koch brothers, contributed $17.3 million in grants to the Federalist Society, of which $11.6 million was unrestricted. Among liberal funders there is a preference for program grants with specific quantifiable short term and long term goals that must be reached in order to qualify for the next year's funding. Many liberal foundations do not offer grants for more than a year, or three at the most. They want their name and logo associated with innovation. Not so for the patient philanthropy of the conservative far right. Conservatives not only give, but they trust the organizations' staffs to use the money wisely. And as anyone who has seen the conservative takeover of the courts in the last thirty years knows, that patience has paid off.
Professor Avery and Ms. McLaughlin demonstrate the Federalist Society's efficacy by tracing the decisions issued by the U.S. Supreme Court, which now has four justices--Chief Justice John Roberts, Antonin Scalia, Samuel Alito, and Clarence Thomas--who are in ideological agreement with the Society. They are frequent speakers there, too. The book is divided into subject matter chapters: regulation of private property with a focus on the takings and compensation clauses; access to justice seen through a lens of regulation of private property; race and gender discrimination; personal sexual autonomy; and American exceptionalism and international law. In each of these chapters, the role of the Federalist Society in influencing the jurisprudence of the Supreme Court is documented, the systematic and often disingenuous reasoning of judicial decisions explained, and the somewhat steady dissolution of precedent and invalidation of federal legislation tracked. America is shedding its New Deal and Great Society heritage; American jurisprudence is no longer the bulwark for emerging democracies to emulate.
Like most persuasive narratives, where the story begins signifies its point. For Associate Justice Clarence Thomas, affirmative action is "patronizing indulgence," and consistent with Federalist Society analysis, racial resentment somehow began with affirmative action. Under whose history did affirmative action and its "badge of inferiority" begin with race as one factor of many in a holistic admissions review? Colorblindness in the Federalist Society sense ignores the legacy of slavery as it produced the privilege of whiteness, and all that it provides: access to higher quality public schools, better housing in safer neighborhoods that accelerate home equity growth, cleaner air and water, less crime, and the networks that offer jobs and amplify political voice. Within the Federalist Society these privileges are not the result of actionable racial discrimination. Racial inequality, according to conservatives, results from a cultural breakdown within the African American community that breeds crime and an inability to compete with whites. Since conservatives do not define racial discrimination as anything other than intentional, obstacles to opportunity like implicit bias and institutional racism are not even considered.
Avery and McLaughlin follow the placement of prominent members of the Federalist Society first into the Reagan administration and trace their ascendency as they go from government, no matter which party is in control of the White House and Congress, to advocacy groups, back into government and for too many, into the federal judiciary. The listing of Federalist Society members and its allies is chilling. Progressives have a lot to learn about how the Federalist Society has operated: opening chapters at every law school, providing budgets to lure hungry students with fancy food to hear conservative speakers, mentoring exceptional students into judicial clerkships and prized positions in government, and finally, as we have seen with Chief Justice Roberts and Associate Justice Alito, onto the Supreme Court. The American Constitutional Society of Law and Policy (ACS) began as an antidote to the Federal Society after the 2000 presidential election, yet still does not have the reach in mentoring the next generation of judges and legislators or the efficacy the Federalist Society has achieved. I recommend this book because its tone is precise, thoughtful and fearless, prompting a re-evaluation of how we teach law, how we think about the role of government and how we fund social justice before it's too late for American democracy.
14 of 23 people found the following review helpful.
Ultimately Unsatisfying for Social Science Minded Readers
By Amanda Hollis-Brusky
For a generalist audience, this book will probably serve as a fine introduction to the Federalist Society and the role it's played in shaping constitutional discourse and law. As a Political Scientist who has published several articles on the Federalist Society and the Conservative Legal Movement and is currently finishing up a book manuscript on the same topic (Google "Amanda Hollis-Brusky"), however, I found this book on the whole very unsatisfying. It synthesizes work from other social scientists on the Federalist Society (including my own) but presents no original research, interview data, or academic perspective on this important organization. As Jeffrey Rosen recently wrote in a review for the New York Times, ""The Federalist Society" reads like a collection of law review articles and contains no original interviews with the 100 conservative lawyers the authors identify in their appendix as key "Federalist Society Members and Allies."" (http://www.nytimes.com/2013/05/12/books/review/the-federalist-society-by-michael-avery-and-danielle-mclaughlin.html?pagewanted=all&_r=0). Perhaps most importantly, the authors provide no explanation for how they generated their list of "100 Friends or Allies" of the Federalist Society. Many of the individuals they identify, for example, have never presented at Federalist Society National Conferences and, to my knowledge and understanding based on interviews with nearly 40 key Federalist Society members, are not actually serious players in the Federalist Society network at all. So, in the end, the book has a very journalistic feel to it - instead of systematically presenting their research design and methodology, the authors link anyone who is "conservative" and has done "conservative things" in the law to the Federalist Society network in order to show the organization's "influence."
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