The Discerning Texan

All that is necessary for evil to triumph, is for good men to do nothing.
-- Edmund Burke
Saturday, July 30, 2005

So What's so bad about the Federalist Society?

I am with Ed Morrissey: I really am tired of "handlers" who tell their politician clients what they should and shouldn't say; and for the Bush Administration to go out of its way to distance itself from the Federalist Society is not what I want to see out of my President. I want to see the "real deal. " Fortunately, up to now, that is pretty much what I have seen with this President...but, Mr. President, please. Membership in the Federalist Society is a good thing. You know it and I know it. So stop letting your handlers "define the situation.":

In one of the more prosaic examples of truth in advertising, the Federalist Society advocates a return to the Federalist model of government. That model empahsizes local and state control over public policy and funds, giving more freedom to Americans to shape the way government affects their lives. It also espouses a literal reading of the Constitution, which puts the responsibility for creating laws and policy on the Legislature -- the branch representing the people -- where it belongs. As one member says in the article, Federalists want courts to rule on the basis of what the law says, and not what they want the law to be.

So what's so subversive about this? Not much, even if Fletcher goes out of his way to include the Left's favorite bogeyman, Richard Mellon Scaife, in his article. That begs the question as to why the White House distanced Roberts from the Federalists at Warp Eight early after the announcement:

The eagerness of the White House to distance Roberts from the Federalist Society baffled many conservatives. They believe the reaction fed a false perception that membership in the organization -- an important pillar of the conservative legal movement -- was something nefarious that would damage Roberts's chances of confirmation.

"Are you now or have you ever been a member of the Federalist Society?" asked Roger Pilon, a vice president at the libertarian Cato Institute, mocking the suspicion that swirls around the group.

Put simply, the White House reaction was a mistake. It added to the notion that membership in the Federalist Society should concern American voters. Even if Roberts didn't belong, the next nominees to the bench might, and then the White House will have left the Democrats a handy, catchy-sounding club with which to rhetorically beat them. It would have reflected so much better on the Bush administration had they insisted that Federalist Society membership represented a long and honorable school of thought in American legal circles, one that had far too little representation until like-minded legal scholars formed the group in the 1980s.

DiscerningTexan, 7/30/2005 10:27:00 PM |