"America is like a healthy body and its resistance is threefold: its patriotism, its morality, and its spiritual life. If we can undermine these three areas, America will collapse from within."
--Joseph Stalin

Friday, September 16, 2005

Judge John G. Roberts: New York Times’ (and the Left’s) Federalist Society Straw Man Argument

Will Malven
9/13/2005

In an editorial today, the “hightly respected” New York Times is asking whether or not Judge John G. Roberts is a member of the-hold on to your seats now-Federalist Society-ooh, aah, are you frightened yet?
The implication by the Left is that the Federalist Society is some sort of shadowy, cabalistic, perhaps even malevolent, group of hooded, incantation speaking, lawyer-sorcerers who, having sold their souls to the Devil, are intent on corrupting and taking over the Government of the United States.  Now once I move beyond my usual sarcastic attitude about trial lawyers and my tendency to say “Of course they are, they’re lawyers!” and move to consider the facts, I am reminded once again of the twisted nature of Liberal thinking.  During the Circuit Court Judge debates I witnessed allegedly intelligent, ethical, Democrat Senators asking rhetorically, if the judicial nominees were members of the “Federalist Society” as if to answer “Yes!” would be an admission that they were guilty of practicing of black magic.  “What is the Federalist Society?” They would ask.  “What is their aim?” 

Dick Durbin is the central figure in this cult investigation.  For some reason, he seems to believe that if he throws the words “Federalist Society” around often enough, people will take notice and become fearful of any judicial nominee thus affiliated. To quote Durbin:  "As we try to monitor the legal DNA of President Bush's nominees, we find repeatedly the Federalist Society chromosome, why is it that membership in the Federalist Society has become the secret handshake of the Bush nominees for the federal court?"  Further, in a 2001 hearing on President Bush’s nominee for Assistant Attorney General for the Office of Policy Development at the U.S. Department of Justice, Viet Dinh, Senator Durbin once more expressed his hesitancy to accept anyone associated with this mysterious organization called the Federalist Society by launching into the following tirade:

“You are a member of the Federalist Society. We find it curious on our side of the aisle that President Bush has said that he no longer wants to rely on the American Bar Association to do a background check on perspective judges. This was a tradition that started in a radical era of American politics known as the Eisenhower presidency [note the witty sarcasm here, Dick you are a clever devil.] when President Eisenhower thought it was reasonable — and I do, too, incidentally — that the largest bar association in America at least comment on the worthiness of nominees for the federal bench.”   

“Well, let me say that what I've read — and I'm not an expert nor am I member of the Federalist Society — they do have a very conservative philosophy. I don't think they are a debating society. I think they have an agenda. And it troubles some of us to believe that the American Bar Association, [did you notice Ted Kennedy perk up after this third mention of the word “bar?”] which has been characterized as liberal by the conservatives and conservative by the liberals over the course of its history, is being cast aside by the White House now when it comes to the judicial process. And instead we find that many people who are associated with the Federalist Society are now seeking prominent positions in the administration of justice. I don't think it's a coincidence. I think it is a conscious decision to move us toward a path that, frankly, many of us think needs to be questioned, and at least publicized.  Could you describe for us your involvement with the Federalist Society and what you believe this group stands for?”

It sounds like he’s trying to characterize the Federalist Society as a conspiracy by evil lawyers [I know I’m treading real close to redundancy here] to take over the Government.  I don’t know about you, but I thought that was an exact description of the ACLU, not the Federalist Society.

You can imagine, when I first heard these “earnest concerns” expressed by such a paragon of honesty in the Senate, I rushed to my computer to find out what I could on this...this “Federalist Society.”  I naturally assumed from the tenor of Durbin’s questions that it would be a Herculean task to find any substantive information on this mysterious cult.  Imagine my surprise when upon entering “federalist society” in the search engine, I came up with their website http://www.fed-soc.org/ as the first result.  “This can’t be,” I said to myself.  I had thought from Senator Durbin’s questions that they were a secretive organization that would be at least as difficult to find out about as say the Masons or even the Trilateral Commission.  Perhaps they would even be as elusive as the dreaded Illuminati of Dan Brown’s novel. [For more about these and other evil organizations, visit www.whatreallyhappened.com, can you say conspiracy?] Yet here I was with a website that even included a complete listing of the names of the Board of Directors, a “Board of Visitors,” a Business Advisory Council, and the organization’s staff.

“Ah,” I thought, “But what Dick Durbin really was concerned about was his inability to discern the purpose of this dangerous organization.  Surely that would be hidden in some password protected dungeon on this website that I would never be able to access.”  But right there on the main menu was, to my surprise, an entry which says “Our Purpose.”  Was I wrong? Was my faith in Senator Durbin’s sincerity misplaced? Could all of his questioning and posing have been for political purposes and completely contrived?  Imagine my heartbreak when I discovered that the answer to these questions was yes, yes, YES!  I had been misled by a Senator of the United States.  Well either that or Dick is computer illiterate.  My bet is that he is just a political hack with an anti-conservative, anti-President Bush axe to grind, and a bald faced liar.

Dangerous far Left-wing groups like “People for the
American Way
” and the denizens of Democrats.com seek to re-enforce this dark conspiratorial impression of the Federalist Society.  To see how extremist Democrats.com is they, with complete sincerity, describe People for the
American Way
as “nonpartisan.”  This is a description that PFAW uses to describe themselves...go figure. They describe the Federalist Society simply as “treasonous.”  In searching the writings on their website for some further information on this allegation of being “treasonous,” I found none, leading me to ponder whether or not these people even know what the word means.  I suspect not.  PFAW themselves describe the ABA as “resolutely centrist” and do so with a straight face.


The truth is that “Founded in 1982, the Federalist Society for Law and Public Policy Studies is a group of conservatives and libertarians dedicated to reforming the current legal order. We are committed to the principles that the state exists to preserve freedom, that the separation of governmental powers is central to our Constitution, and that it is emphatically the province and duty of the judiciary to say what the law is, not what it should be. The Society seeks to promote awareness of these principles and to further their application through its activities.” [Quotation taken directly from the Federalist Society web page, emphasis added.]  It was established as an effort to counteract the “orthodox liberalism” running rampant on the campuses of America’s law schools. It is an organization which believes in individual freedom, that making law is and should be the sole province of the Legislative branch of government, and that it is emphatically not the province of the judiciary.

So concerned are the Liberals about the growing influence of the Federalist Society, they have come up with their own answer to it, The American Constitution Society for Law and Policy.  Yes, much like their answer to Rush Limbaugh and Conservative Talk Radio, these unoriginal Leftists have got another “me too” organization.  I hope for their sake, that it’s more successful than their ill-fated attempt at talk radio...Air-America...give me a break!

This obvious discomfiture of the Left with the current ascendancy of members of the Society is the source of wry amusement for those of us on the Right.  Former Solicitor General and current D.C. Chapter head Theodore Olson, one of the more notable members of the society, addressed a Federalist Society luncheon on the 8th of this month.  He acknowledged "all of you Federalists who seem to have mastered the secret handshake." And went on to say "For those of you who just stumbled in off the street, it is my duty to advise you that you have stumbled into a right-wing cabal -- you will never be the same again."  I love it!

"The Federalist Society appears to be the secret handshake that judicial nominees share with the White House." Dick Durbin Democrat Senator from Illinois in 2003

No Senator Durbin you’re confusing them with that other “cabal of malevolence,” the Masons.  Get a grip Senator Durbin.  We’re not children out here; we can spot cheap attempts by unscrupulous politicians to make political points by engendering fear in the electorate.  Please stop talking down to us; it only makes you look like a two-bit version of your party’s mascot...eeehaaaw, eeehaaaw.
By the way, in case you didn’t see it at the top of the page, I am a paid member of the Federalist Society.  I’m not a lawyer, just an anti-Left gadfly.

Long Live Our American Republic!!!

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