Warming up to the divorce

Created
Sun, 19/03/2023 - 04:30
Updated
Sun, 19/03/2023 - 04:30
The Federalist Society goes wobbly on democracy A report from a Federalist Society confab: To those who have followed the Federalist Society closely since its triumphs at the Supreme Court last year, the symposium’s focus on law and democracy may hardly seem incidental. Since its founding in 1982, the Federalist Society has championed “judicial restraint,” the notion that judges should limit their roles to interpreting the law as written, leaving the actual business of lawmaking to democratically elected legislatures.  That approach made sense for conservatives when they still saw the federal judiciary as a liberal force dragging the country to the left. But now that conservatives have secured a solid majority on the Supreme Court — and voters in several red states have soundly rejected hard-line positions on abortion — a spirited debate is underway within the Federalist Society about the wisdom of deferring to democratic majorities as a matter of principle. “From our very beginning, there has been an aspect of judicial restraint, and there has been an aspect that it’s judges’ jobs to interpret the Constitution, that whatever it says, that’s what they should do — and those two can sometimes be in tension,” said Eugene Meyer, the president and CEO of the Federalist Society, as we spoke in a back hallway of the conference center.  I had only convinced Meyer to talk with me after assuring him and his handler that I wasn’t trying to back him into answering specific questions about cases currently before the Court. At Meyer’s urging, the society goes to…