How the Federalist Society Won

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The conservative movement has a legal intelligentsia of academics, writers, and national advocacy groups that was pivotal in getting Roe v. Wade overturned—and who may shape the kinds of policies that states are likely to pursue next.

, a powerful network of conservatives and libertarians that has a chapter at many major law schools, as well as dozens of professional chapters across the country. The organization prides itself on being a forum for ideas, even those which some conservatives hate, which is part of what drew Girgis to become a member when he was a student at Yale Law School, in 2011. “The Federalist Society is not a ghetto within each law school,” he said.

The Dobbs case also illustrates the Federalist Society’s broader influence beyond judicial appointments. The conservative movement now has a legal intelligentsia of academics, writers, and national advocacy groups who fundamentally shaped how Roe was overturned.

Conservatives don’t always agree on how originalism should be applied. For example, Neil Gorsuch, the originalist all-star who replaced Scalia, wrote the 2020that extended workplace protections to L.G.B.T.Q. employees.

 

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Out. Of. Touch. (Lee Lieberman) “Otis, the Federalist Society founder, who now leads the organization’s faculty division, said. ‘By the time a law gets through, it does usually reflect, when it’s adopted, the views of the people.’”

An *originalism* which holds that 'arms' in 1787 meant AR-15's and 'person' meant multinational corporations, yet the founding fathers wanted reproductive health care in the 21st century to be subject to 17th century superstition, is silly. *Originalism* for thee but not for me.

But we have Leah Litman!

Abortion likely will become legal in the United States, case by case with some personnel in every hospital trained for a safe procedure.

And the Democrats are a disorganized mess. They sorely need strong long and short term leadership.

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