[Ann Southworth, guest-blogging, January 30, 2009 at 1:16pm] Trackbacks
Lawyer Networks:

Both the Federalist Society and the Heritage Foundation attempt to appeal to all strands of the conservative alliance and to unify and mobilize lawyers for conservative and libertarian causes. Heritage pushes lawyers (and other advocates) to find ways to contribute to the mutual success of the organizations they serve. The Federalist Society does not directly advocate cooperation on policy objectives, but it indirectly contributes toward that goal by engaging conservatives and libertarians in conversation and debate.

Do these organizations help to integrate the conservative coalition? If so, how effective are they?

The lawyers I interviewed for my book offered mixed assessments. They suggested that these organizations reach more deeply into some strands of the coalition than others. A religious conservative reported that Heritage meetings draw fewer social conservatives than libertarians. More than half of the interviewed lawyers said that they were active in the Federalist Society, but lawyers associated with libertarian and mediator organizations were much more likely than social conservatives or business advocates to participate.

On the other hand, an analysis of the communication network of the interviewed lawyers lends support to the idea that those organizations promote communication across constituencies. The network was divided by constituency, with lawyers in distinct parts of the network communicating very little with each other. In the core of the network, however, were seven lawyers who communicated with many other lawyers. Their central position in the network suggested they might help to link divided constituencies. All lawyers in the core were active participants in the Federalist Society. Although I did not have complete data about participation in Heritage Foundation meetings, four lawyers in the core indicated that they regularly participated in those meetings as well.

Is it true, as one lawyer told me, that the Heritage Foundation and the Federalist Society serve as the “crossroads of the conservative movement”? To what extent do they manage to promote understanding and cooperation within the coalition?

devil's advocate (mail):
Ann,

how did you construct your 'sample'.

My impression of the Federalist Society is that is it more equally divided across a range of interests on the right than your nose counting seems to indicate.

It certainly has a high degree of libertarian and elite mediator participation, but that is relative to the degree to which you find especially the former represented in say scholarly legal discussion, the ABA or other vaguely comparable venues.

But the FS is, at root, a grassroots movement of lawyers challenging the hegemony of the ABA - not directly in every facet of what the ABA does but across a fair range of what can be seen to be a professional organization. And it is pretty easy to join leadership and planning of various practice groups or state chapters regardless of one's position on that interest spectrum.

So I find the audiences pretty varied across the categories you have laid out, both in areas of vocational and avocational interest, region of resident (obviously DC folks are going to predominate at a DC meeting but the grunt level , but go to a chapter meeting or student gathering not in the DC area).

I don't know as much about Heritage's efforts at coalescing legal resources for conservative causes, but I wonder about the characterization of the federalist society.

Brian
1.30.2009 1:52pm
BZ (mail):
Well, let's see. Just off the top of my head, I can think of a few points:

Heritage has hosted all of my Supreme Court moots, and done so very well. In that sense, they brought together lawyers that I would not have either thought would be interested or had access to. That resulted in my having to confront parts of the issue that I would rather not have, but doing so in a way which probably helped not only my argument, but the Court's understanding of the cases as well. These lawyers did represent many different constituencies. But . . . they weren't all conservatives. Several were quite liberal, and many were not "movement" conservatives (a distinction which used to hold a great deal of significance). It's not so much an ideological effort, as an intellectual and professional effort. Not sure how to answer whether it helps integrate the conservative coalition.

Plus, having dealt with Heritage directly in many ways for decades, I'm not sure that I would say that they are a "cross-roads of the conservative movement." Heritage, like all established organizations, has its own image; rightly or not, Heritage is viewed as well-off, interested in its own image and effectiveness, and run by and for a specific, though fairly broad, group of leaders. Heritage used to be thought of as radical, in the Reagan years, but I believe it's image now is more of an "establishment" entity.

Similarly with the Fed Soc, although to a much smaller degree. At least in D.C., Fed Soc has always been more than a bit of a social club. You don't really go there to hear the speakers; you go there to schmooze. People come into town and that's a nice excuse to visit with old buds. But again, like Heritage, you are almost guaranteed to hear some non-conservative views, and probably well-stated and supported as well. They don't get a lot of partisan hacks reading talking points. So it might be considered more a "cross-roads" in the sense that lots of people cross paths, but these are people who are probably crossing paths anyway. Not sure if that qualifies as "integrating."

I think there might be a fruitful inquiry here, but I'm kind of wondering whether the terms have been defined in a way which limits the responses. You really have to define the "constituencies" before you can analyze whether they're divided, and what forces are at work. I'm not sure that I know what constituencies are being asked about. Especially in light of the earlier thread on who were "major players."
1.30.2009 2:04pm
Jon Roland (mail) (www):
The Federalist Society, of which I have been a member for more than 8 years, with its local chapters, is quite different in structure and activity from the Heritage Foundation, which functions more like a think tank. Most of the networking goes on within the chapters and practice groups.

Over the years I have discerned a distinct ascendence of libertarian views, at least as expressed in meetings. (The old joke is that the libertarians have all the best ideas/lines.) I attribute this partly to more new lawyers coming out of law schools with libertarian views, partly to social conservatives not being as motivated toward reform advocacy, and partly to some conservatives becoming more libertarian as they grow wiser.

But there are many other organizations that deserve mention in the mix. Here is a sample, with apologies for omissions:

* Cato Institute
* Institute for Justice
* Bill of Rights Institute
* Judicial Watch
* Rutherford Institute
* Independent Institute
* American Enterprise Institute

And others listed on our Organizations page.

It should be noted that persons with libertarian views tend to dominate online fora like this one, and there to propagate their views further. I attribute this partly to a libertarian bias on the part of persons with computer skills.

I also note that since I went online in 1989, my own views have not changed much, but have been getting steadily better reception with the passage of time as people encounter more people with similar views and think about them more. I even get a lot of people who say, "I used to think you were a whacko but now I think you're right."

Be warned. You too may come to see the merits of what I write.
1.30.2009 2:33pm
OrinKerr:
I even get a lot of people who say, "I used to think you were a whacko but now I think you're right."

Be warned. You too may come to see the merits of what I write.
Fortunately there is medication for that. ;-)
1.30.2009 2:45pm
Soronel Haetir (mail):
I would think part of the issue you would run into is that there is a large and even antithetical divide between the libertarian side and the social (especially the religious) conservative side. They may or may not have business interests in common, but many of the hot button social issues, drugs, abortion, gay marriage tend to rip these two groups apart.



Because of this, it does not surprise me that there wouldn't be a great deal of cross pollenation.
1.30.2009 2:46pm
DavidBernstein (mail):
I've lived in the DC area off an on, mostly on, since 1987, and I remember attending one event for public interest lawyers at Heritage when I was an intern at CEI in 1988, but never attending any since, nor having any interest in attending anything since, nor ever being invited to speak there, which is stark contrast on all fronts to AEI and Cato. So Heritage may be a crossroads for public interest lawyers, but not for conservative/libertarian lawyers in general.
1.30.2009 5:08pm
Observer:
Jon Rowland: The Institute for Justice filed an amicus brief in favor of Lawrence in Lawrence v. Texas, so it cannot be properly be considered as an organization on the "right." Maybe you meant to say the Center for Individual Rights instead, which is a very good libertarian public interest law firm in Washington, D.C.
1.30.2009 5:09pm
Spartacus (www):
I've noticed that FS in TX is generally more conservative than libertarian, while in NYC and DC (in my limited experience there) it is more libertarian, not surprisingly, perhaps.
1.30.2009 5:13pm
wfjag:

Do these organizations help to integrate the conservative coalition?

Define "conservative" -- religious, social, political, fiscal, etc.

Better to ask "How effective are these organizations at herding cats?"
1.30.2009 5:24pm
Steve:
The Institute for Justice filed an amicus brief in favor of Lawrence in Lawrence v. Texas, so it cannot be properly be considered as an organization on the "right."

Is this really the litmus test you want to apply? No matter how diligent you are in defending private property rights and opposing government intervention, you can't be on the "right" unless you agree that governmental police power allows the criminalization of sodomy? I think there's a bigger tent on the right than that.
1.30.2009 6:56pm
devil's advocate (mail):
observer


The Institute for Justice filed an amicus brief in favor of Lawrence in Lawrence v. Texas , so it cannot be properly be considered as an organization on the "right."


It seems a significant raison d'etre of the book is to explain how the libertarian, conservative and business wings of the right are (or are not) reconciled. You are wrong to say that IJ cannot be considered of the "right". Forgetting all the rock solid free market and property rights work that IJ does that makes them card carrying members of the righ, you don't need to be on the left to be revolted by the government's interest in the bedroom.

BZ

I wasn't aware that Heritage hosted moot courts, but it makes sense. I've only been to one - for Del Monte Dunes - and I think the builder's association hosted that. Obviously they have some great legal guys in house as well. There are a lot of programs there I would attend if I were in D.C., but obviously they haven't made enough invitations to D.B. They are going to be modestly less libertarian friendly than the Federalist Society but I don't find them hard to get along with.

DB

You are quite right that CATO and AEI, for the libertarian and business wings respectively, do a good job of integrating legal and policy questions and fostering discourse. To an extent Heritage probably fills that gap for the conservative/order/homeland defense crowd.

OK

can I get a prescription.

Brian
1.30.2009 7:38pm
Randy R. (mail):
Steve: "you can't be on the "right" unless you agree that governmental police power allows the criminalization of sodomy? I think there's a bigger tent on the right than that."

so one would think. However, the Institute for Justice caught quite a bit of flack from the right at the time. Being anti-gay is an highly important part of the conservative creed, principally because the right today is so dominated by the religious right.
1.31.2009 2:04am
Jon Roland (mail) (www):
We are discussing the coalition of libertarians and "conservatives", not the "right", whatever that is. I am old enough to remember when most "conservatives" supported abortion (as a way to reduce crime) and opposed the programs of the New Deal. The members of the coalition might be agreed in opposition to "progressives" but it is an uneasy alliance. Within the FS I give the conservatives some credit for being willing to tolerate the libertarian/constitutionalists, even if they dismiss our advocacy as hopelessly unrealistic.

Forget the left-right paradigm. The Nolan Chart provides a better way to characterize political positions, amnd even it is simplistic.

Some of you might be amused by reading my blog report on "Contrasting Conferences" I attended.
1.31.2009 9:08am
Jon Roland (mail) (www):
By the way, I got the impression at the 2008 FS National Convention that the social conservatives were subdued in their positions from what they had been when they still had some prospects for being appointed to the federal bench. Nothing like losing an election to make libertarian views ascend.
1.31.2009 9:16am

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