Did you know? The Patriot Post is funded 100% by its readers. Help us stay front and center in the fight for Liberty and support the 2024 Year-End Campaign.

January 28, 2020

Leftists Aim to Bar the Federalist Society

It would be yet another litmus test for leftists, who want judicial despots.

Never content to let the flow of modern politics take its natural course, leftists have devised a new way to stymy the progress President Donald Trump has made in appointing strict constructionists to the federal bench. Elections matter.

The Committee on Codes of Conduct of the U.S. Judicial Conference recently released a proposal to prohibit judges from belonging to the Federalist Society. The Federalist Society was founded in 1982 by a group of conservatives and libertarians dedicated to preserving the legal order of the nation by promoting, among other things, an originalist view of the Constitution, the separation of powers, and the concept that the role of judges is to say what the law is, not what some enlightened bench occupant thinks it should be. As you might imagine, leftists absolutely loathe this organization.

In Trump’s three years in office, nearly 200 federal judges have been confirmed, a remarkable achievement that may stand as one of the president’s greatest successes. This work has prevented the Left from populating our court system with judges who legislate from the bench and push a tyrannical agenda.

The Conduct Committee, which performs as the ethical advisory board of the federal judiciary, intends to ban judges from joining the Federalist Society or the American Constitution Society. In its draft proposal, the Conduct Committee states: “Official affiliation with either organization could convey to a reasonable person that the affiliated judge endorses the views and particular ideological perspectives advocated by the organization; call into question the affiliated judge’s impartiality on subjects as to which the organization has taken a position; and generally frustrate the public’s trust in the integrity and independence of the judiciary.”

The American Constitution Society (ACS) was created as the leftist answer to the Federalist Society, and it’s included as part of the Conduct Committee’s plan solely as a means of projecting an appearance of fairness. Don’t be fooled.

The ACS is but one of many organizations that lean left and hold sway in America’s judicial system. And it is hardly the most influential. A vast majority, nearly all, of the nation’s law schools are populated with leftist professors who promote a predictably left-of-center view to their students. Leftists also hold political sway over the American Bar Association. ABA routinely writes amicus briefs in court cases, nearly always on the left side of an argument. It also has a government-affairs office that spent $860,000 on lobbying just last year. These are two activities that the Federalist Society as a rule does not engage in. Yet, ABA doesn’t even show up on the Conduct Committee’s radar, and the Federalist Society is squarely in its crosshairs.

Ed Whalen, president of the Ethics and Public Policy Center and longtime Federalist Society member, told RealClearPolitics, “In short, the ABA has a consistent and longstanding practice of advocating liberal causes. If a line is to be drawn between the Federalist Society and the ABA, it is the ABA that should be deemed to be on the wrong side of the line.”

The Federalist Society operates in several states and frequently holds meetings to explore and discuss legal issues, frequently soliciting qualified speakers from both sides of an argument. It encourages intellectual honesty and curiosity. It is also the only significant counterbalance to the Left’s attack on Rule of Law. Which, again, is why the Conduct Committee wants the Federalist Society out of the way and is willing to sacrifice ACS in the process.

The Conduct Committee’s proposal, which Whalen had a hand in helping make public, has already provoked a vigorous debate. The proposal remains open during a 120-day comment period that will end May 20. Expect this fight to continue to that date, and possibly beyond.

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the Tunnel to Towers Foundation, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.