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Fueled by grassroots activism and a growing collection of formal political organizations, the Christian Right became an enormously influential force in American law and politics in the 1980s and 90s. While this vocal and visible political movement has long voiced grave concerns about the Supreme Court and cases such as Roe v. Wade, they weren't able to effectively enter the courtroom in a serious and sustained way until recently. During the pivot from the 20th to the 21st century, a small constellation of high-profile Christian Right leaders began to address this imbalance by investing in an array of institutions aimed at radically transforming American law and legal culture. In Separate But Faithful, Amanda Hollis-Brusky and Joshua C. Wilson provide an in-depth examination of these efforts, including their causes, contours and consequences. Drawing on an impressive amount of original data from a variety of sources, they look at the conditions that gave rise to a set of distinctly "Christian Worldview" law schools and legal institutions. Further, Hollis-Brusky and Wilson analyze their institutional missions and cultural makeup and evaluate their transformative impacts on law and legal culture to date. In doing so, they find that this movement, while struggling to influence the legal and political mainstream, has succeeded in establishing a Christian conservative beacon of resistance; a separate but faithful space from which to incrementally challenge the dominant legal culture. Both a compelling narrative of the rise of Christian Right lawyers and a trenchant analysis of how institutional networks fuel the growth of social movements, Separate But Faithful challenges the dominant perspectives of the politics of law in contemporary America.
The Federalist Society, which has been in existence for three decades, is one of the most successful intellectual movements in modern American political history. It began as a relatively small organization of conservative lawyers dedicated to eroding the national government's power in virtually every arena except defense and enhancing the power of states vis-a-vis the federal government. It now has 40,000 members, including four Supreme Court Justices, dozens of federal judges, and every Republican attorney general since the 1980s. Indeed, when Republican presidents have nominated judges, Federalist Society membership has served as the seal of approval. The Federalist Society's influence on American politics is well-known. But how, exactly, does it exert that influence? In Ideas with Consequences, Amanda Hollis-Brusky brilliantly traces how the Federalist Society does this. Drawing on a database of over 2,000 original and primary documents, including personal interviews with Federalist Society members, archival data, and a complete database of transcripts from Federalist Society National Conferences, Hollis-Brusky constructs the most complete and social scientific narrative of Federalist Society influence to date. In doing so, she shows how the Federalist Society serves as the hub of a complex circulatory system and how the ideas it generates have become the lifeblood of the conservative movement. In the areas of gun rights, campaign finance, federalism, and state sovereignty, Hollis-Brusky demonstrates how the Federalist Society's investment in ideas, professional education, and networking has resulted in some of the most revolutionary Supreme Court decisions of the past three decades. Hollis-Brusky also illustrates the ways in which the Federalist Society network worked to help bring these constitutional revolutions about in the first place-by identifying, credentialing, and getting the right kinds of judges and Justices on the bench, and by reducing the stigma associated with once-radical constitutional theories. Not only a rich story of the conservative legal movement, Ideas with Consequences also develops a powerful social scientific framework for analyzing the ways in which interest groups and networks influence legal and judicial policy in America.
There are few intellectual movements in modern American political history more successful than the Federalist Society. Created in 1982 to counterbalance what its founders considered a liberal legal establishment, the organization gradually evolved into the conservative legal establishment, and membership is all but required for any conservative lawyer who hopes to enter politics or the judiciary. It claims 40,000 members, including five Supreme Court Justices, dozens of federal judges, and every Republican attorney general since its inception. But its power goes even deeper. In Ideas with Consequences, Amanda Hollis-Brusky provides the first comprehensive account of how the Federalist Society exerts influence. Updated in paperback to account for recent developments, this book is the essential guide to the post-Kavanaugh Federalist Society, which continues to broaden its reach at all levels.
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