Four of the five Supreme Court justices who eliminated the constitutional right to abortion attended the 40th anniversary black-tie luncheon of the conservative Federalist Society.
When another speaker hailed Justice Samuel Alito’s June judgment that reversed Roe v. Wade, a longtime target of judicial conservatives, he received a lengthy, loud applause from a gathering of 2,000 people, most of whom wore tuxedos and gowns.
At a time when public opinion polls indicate that Americans believe the court is becoming more partisan and give it dismal approval ratings, the justices gathered to honor the group that assisted then-President Donald Trump and Senate Republicans in moving the American judiciary to the right, including the Supreme Court.
The Federalist Society is nonpartisan and does not take a stance in political campaigns, although it is closely connected with Republican agendas, such as the effort to overturn Roe.
Justice Amy Coney Barrett and Alito delivered brief statements that avoided the court’s work, while Alito lauded the Federalist Society for its success during the Trump administration and expressed his hope that it would continue to thrive. “Boy, is your work important today!” he said.
Barrett’s only reference to the abortion case was her response to the ovation she received when she was announced. “It’s great to have a lot of commotion outside my house that is not caused by demonstrators,” she remarked.
Justices Neil Gorsuch and Brett Kavanaugh were also present in the main hall of Washington’s Union Station, where the group’s insignia, a silhouette of James Madison, was projected on the walls.
Ethics expert Norm Eisen, who served in the Obama administration and later helped draft the articles of impeachment against Trump for his first impeachment in 2019, stated that the justices exhibited a flagrant disregard for ethical appearances because the organization’s mission is to move the law in a conservative direction.
While there is no legal impediment to their attendance at the Federalist Society dinner, Eisen noted in an email that their looks are appalling.
Stephen Gillers, an expert in judicial ethics at the law school of New York University, stated that neither the justices’ ethics nor their appearance worried him.
“This is not a political group. It is not present in court. It can credibly profess a dedication to the intellectual growth of the law. This is unaffected by the fact that it is connected with certain viewpoints. The same might be said for the American Constitution Society “Gillers referred to a leftist legal group in an email.
There is a long tradition of conservative justices speaking at the annual Washington gathering of the organization. Justice Antonin Scalia, who passed away in 2016, frequently talked, as have Thomas and Alito.
As a new justice in 2017, Gorsuch attended the event and embraced Leonard Leo, the society’s co-chairman who assisted Trump in vetting judicial selections. Kavanaugh gave statements in 2019.
The three-day meeting in the nation’s capital includes the participation of fifteen additional appeals court justices selected by Trump.
The conference opened on Thursday with a speech by Chief Judge William Pryor of the U.S. Court of Appeals for the 11th Circuit criticizing the group’s liberal opponents and praising the group’s 65,000 members and 200 law school chapters.
Pryor stated, “After 40 years, I felt it was time to study this strange and hidden network that detractors claim has controlled the federal court, including the United States Supreme Court.”
Pryor authored the 11th Circuit judgment that backed with Florida’s Republican governor, Ron DeSantis, in determining that felons must pay all fines, restitution, and legal expenses before regaining their voting rights.
The judgment reversed a previous rule that guaranteed convicted criminals the right to vote regardless of any outstanding commitments. Five Trump appointees joined Pryor to establish a majority of six to four votes.
Lisa Branch, Britt Grant, and Kevin Newsom, three of these judges, are also attending the meeting in Washington.
The Federalist Society was founded in prominent law schools during the presidency of Ronald Reagan. It was formed as a means to combat what its members perceived as the liberal dominance of law school faculty across the nation.
During the administration of George W. Bush, its leaders helped gather support for the Senate confirmation of Alito and Chief Justice John Roberts, who are today considered insufficiently conservative by some opponents. The organization’s success generated imitation liberal groups.
During Barack Obama’s administration, this organization offered a venue for those who opposed his judicial appointments and policies. After Scalia’s death in February 2016, several of its leaders supported Senate Majority Leader Mitch McConnell’s reluctance to vote on President Obama’s nomination of Merrick Garland to the Supreme Court. With Trump’s win, this political tactic yielded enormous and unexpected returns for conservatives, resulting in Gorsuch’s confirmation. Leo stated that McConnell was also in attendance on Thursday.
Trump’s presidency elevated the organization to a new level. “Both our movement and our effect have expanded by leaps and bounds,” Leo remarked Thursday night.
In 2017, White House counsel Don McGahn replied to allegations of the influence of the Federalist Society on the Trump administration.
“Our adversaries of judicial nominations usually assert that the president outsources the selection of judges. That is wholly untrue. Since law school, I’ve been a member of the Federalist Society, and I still am. Therefore, it appears to have been insourced “McGahn stated during the organization’s convention.
In a more serious tone, he stated, “We all have the same view of the function of the judiciary, and we welcome feedback from a variety of sources.”