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C R I M E S A G A I N S T H U M A N I T Y
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Hijacking Justice
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"The extreme nature of the positions that have been advocated by
the Federalist Society and its leaders and detailed in this
paper puts the Federalist Society far from the mainstream of
beliefs shared by most Americans and enshrined in decades of
constitutional jurisprudence and national policy. The leading
voices of the Society share an ideology that is hostile to civil
rights, reproductive rights, religious liberties, environmental
protection, privacy rights, and health and safety standards, and
would strip our federal government of the power to enforce these
rights and protections. While individual members of the Society
may hold different views, the driving force of the Society -- its
leadership -- is united behind this extreme ideology. Even the
words that define the purpose of government and the courts for
ordinary people, fundamental values such as "fairness" and
"tolerance," have been called into dispute. Richard Posner, a
Seventh Circuit Court of Appeals judge with close ties to the
Federalist Society, has derided these words as "terms which have
no content.
"Instead
of lobbying or advocating in a very public and
traditional manner, the Society is now working from powerful
positions within the White House, the Justice Department and
throughout the Bush administration. The Society's ambitions are
not only to drive the nation's legal policies far to the right,
but to lock in these changes for decades to come by controlling
appointments to the federal court system. C. Boyden Gray, a
Society member who served as White House counsel under Bush's
father, has encouraged the younger Bush to use nominations for
lifetime appointments to the federal courts to help create a
legacy for his administration. "A president can put his or her
stamp on the judiciary for a lot longer than he or she can the
executive branch," said Gray.[139] Indeed, he can -- and if the
Federalist Society has its way, President Bush will.
"It's
true that Federalist Society members, like all other
Americans, have the constitutionally protected right to hold and
express their own views and to join together with like-minded
people in pursuit of shared goals. But it's also true that ideas
have consequences. And the consequences of the ideas that
leaders of the Federalist Society are promoting for the courts
and the nation would be disastrous for Americans' fundamental rights."
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- The Federalist Society: From Obscurity to Power
- The Right-Wing Lawyers Who Are Shaping
The Bush Administration's Decisions On Legal Policies and Judicial Nominations,
by People For the American Way Foundation, August 2001
- The Federalist Society: Hijacking Justice,
by George Curry & Trevor Coleman, Emerge, October 1999
- U.S. Fears Prosecution of President in World Court,
Reuters, 15 Nov 2002
- Justice For Sale:
Shortchanging the Public Interest for Private Gain (1993)
Book review by Richard L. Grossman, The Workbook, Fall 1993
- A Coup against the American Constitution,
Francis A. Boyle Interview, 14 Nov 2001
"The [Federalist Society] organization actively seeks to limit
"judicial activism" and reverse Supreme Court landmark
rulings since the New Deal, especially those issued in the 1960s
and '70s. . . . Founded in 1982 by three law students, the
Federalist Society has grown into one of the most influential
institutions in America. Four of the nine members of the U.S.
Supreme Court -- Clarence Thomas, William H. Rehnquist, Antonin
Scalia and Anthony M. Kennedy -- are close affiliates of the
Federalist Society. So are Donald P. Hodel, former president of
the Christina Coalition, and special prosecutor Kenneth Starr."
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"Corporate money created the Federalist Society in 1982,
helping it to gather 10,000 members at 120 law
schools. ``Dedicated to purging law schools and the legal
system of the `orthodox liberal ideology which advocates
a centralized and uniform society,''' declares Justice For
Sale,
the Society is now the principal organization for
recruiting, educating and mobilizing conservative
students on law school campuses and showcasing
conservative legal scholarship. . . . The group's
influence is perhaps best exemplified by the
success of its three co-founders. As a member of
the White House Office of Legal Counsel, Lee
Liberman was considered the `ideological gatekeeper
for the Bush Administration's process for selecting
judges.' David McIntosh served as Executive Director
of Vice President Quayle's Council on Competitiveness,
and Steven Calabresi, now a professor at Northwestern
University School of Law, was a special assistant
to Reagan Attorney General Ed Meese.
"In sum, paying for and orchestrating law and economics
professors and curricula at the nation's elite schools,
sponsoring conferences, Continuing Legal Education
workshops, legal research and theoretical writing, as well
as for massive advertising and strategic litigation, these
corporation initiatives `to make conservative economic
theory the cornerstone of legal decision making,' documents
Justice For Sale, have set up an `institutional
network that will advance and sustain their cause well into
the future. Integrated and intergenerational, this
infrastructure includes representatives from all segments of
the legal establishment -- judges, scholars, practitioners,
and young apprentices hailing from the Federalist Society.'
" Justice
For Sale is a frightening report, meticulously
documented with references to the professors, theorists,
and foundations behind this campaign. `Intended to provoke
debate' and `instigate true reform of the legal system,' it
should be a catalyst for public debate and strategizing. Read it."
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