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On the dais, the panelists squirmed at the invocation of such pedestrian political ideas, and Alicea offered some high-level philosophical objections to the idea that America should fracture into independent ideological entities. But the question seemed to linger in the room: If the disagreements over democratic first principles are as serious as Alicea had suggested, then was the idea of a wholesale political rupture really so radical?
The possibility of dramatic changes to America’s democratic order also hung over a panel on election law, where Richard Pildes, a professor of constitutional law at New York University, briefed the audience on Moore v. Harper, a case that is currently awaiting judgment from the Supreme Court. The case, which arose from a challenge to North Carolina’s redistricting plan, is widely viewed by legal scholars as a referendum on the controversial independent state legislature theory, which posits that state legislatures should be allowed to exert broad control over the execution of federal elections.
From the stage, Pildes — who testified about the dangers of the theory before the House last year — seemed confident that the justices were not poised to endorse the theory in its most radical form. But even as the several panelists acknowledged the disruptive nature of the theory, none of them seemed eager to acknowledge that the four members of the Court who have flirted with the idea — Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh — all maintain close ties to the Federalist Society.
That omission hinted at a deeper dilemma facing the Federalist Society. Despite accusations from liberals that the society is merely the eggheaded puppet of the Republican Party, many of the society’s members genuinely view themselves as independent-minded intellectuals, committed to the principles of individual freedom, judicial restraint and the rule of law. For the past two decades, the society’s members have pointed to those principles to justify the conservative movement’s efforts to weaken democratic norms and institutions, without having to go so far as to explicitly argue that a minority of Americans should be allowed to impose their will on the whole country.
But now, as the American right lurches toward a more explicitly anti-democratic position, the society’s members are face to face with a troubling possibility: that most conservatives couldn’t care less about their high-minded principles, and, even worse, that many of their allies view their attachment to those principles as a quaint — and slightly embarrassing — relic of the bygone era when conservatives still had to be coy about what they actually believed. And whether or not those criticisms are true, there was a definite sense of cognitive dissonance at the conference, where many of the panelists appeared willing to endorse the logic of anti-democratic arguments but shied away from those arguments’ more radical conclusions.
The next morning at breakfast, I met a law student from the University of Tulsa named James Carroll — who was, like me, one of the few male attendees not wearing a suit and tie. He told me he had grown up in Arizona before moving to Tulsa for law school, where he had fallen in love with Oklahoma, married his long-time girlfriend, and set down roots. He had recently accepted a job at the Tulsa County District Attorney’s office, where he had worked as an intern in law school.
As we got talking, he described a vision of democracy that I hadn’t heard much of from the panelists the day before — democracy as something immediate, something pragmatic, something that people interact with in their daily lives and not just in philosophy textbooks.
“On the national level, democracy’s just a construct, but on the local level, it’s not a construct at all,” he said.
I asked him what a functioning local democracy meant to him.
“Keeping your community safe, keeping murderers off the street, making sure people who need mental health support can get connected with those services,” he answered. He said his favorite part of his internship in the D.A.’s office during law school had been helping people who were struggling with mental health problems, and that his work on that issue had been part of what led him to join the office after graduation.
“Democracy,” he said, “works best on a small scale, in your community.”
‘Maybe We Need More Shitposters’
The Federalist Society was founded by law students, and advancing the careers of ambitious, right-leaning lawyers has remained a major element of its work. That work begins on law school campuses, where local chapters host speakers and events, and it extends all the way to Washington, where the Federalist Society has become the GOP’s go-to clearinghouse for major judicial appointments. Although much of the national media attention has focused on the organization’s role in supporting Republican Supreme Court nominations, its presence on law school campuses has also been a source of controversy, especially since the Dobbs decision. Just last week, a Federalist Society event at Stanford Law School made national headlines after protesters heckled U.S. Circuit Judge Stuart Kyle Duncan, a Trump appointee to the Fifth Circuit, causing him to cut his remarks short.
In recent years, however, the Federalist Society has come under fire not only from its traditional opponents on the left, but also from some erstwhile allies on the right. According to these conservative critics, the Federalist Society has excelled at training monkish young lawyers to fill the ranks of the federal judiciary, but it has been less successful at inspiring those same professionals to eschew prestigious clerkships and partner-track jobs in favor of manning the front lines of an all-out war on the American political establishment.
Or as Theo Wold, a former Trump administration official who now works for Idaho’s attorney general, recently put it during an interview on the American Moment podcast, which is popular with young conservatives, “Maybe [conservatives] don’t need any more well-credential lawyers. Maybe we need more shitposters from Twitter.”
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#Federalist #Society #Isnt #Democracy #Anymore
( With inputs from : www.politico.com )
