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Debate Club's 'Secret Handshakes' Now Public Grins

November 17, 2002
By ERIC LICHTBLAU






WASHINGTON, Nov. 16 - In the early days of the Bush
administration, allegiance to the conservative debate club
known as the Federalist Society was declared almost in a
whisper.

A nominee for a top Justice Department post, questioned by
a Democratic senator last year about his membership in the
society, professed that he had no idea what its politics
were.

Judicial nominees, meanwhile, scrambled to disavow
positions they had taken before the society. As critics
attacked its influence in the White House, members
complained of McCarthyite smear tactics.

But if membership in the Federalist Society was once a
source of controversy, this week it became cause for a
party, as several thousand members at the group's 20th
anniversary conference reveled in its growing influence in
the Bush administration in the wake of the Republican-swept
elections.

A three-day conference that concluded today at the
Mayflower Hotel in Washington looked at times less like a
private law conference than a Justice Department retreat.

No fewer than 12 senior Justice Department officials -
including John Ashcroft himself and half of his 10
top-ranking assistant attorneys general - gave speeches and
attended seminars.

Law professors, lawyers, lobbyists and society members from
around the country shared coffee and White House-shaped
cakes with cabinet members, and talked legal shop with
conservative icons like Justice Antonin Scalia; Kenneth W.
Starr, the Whitewater prosecutor; and former Judge Robert
Bork.

Despite a budget of $3.2 million and nearly 30,000 members,
the Federalist Society does not stake out official
positions or endorse candidates. It does not bring lawsuits
or file legal briefs. What it does, organizers say, is
promote dialogue about constitutional principles and the
law. Along the way, it has attracted conservative admirers
throughout the Bush administration and the federal
judiciary.

That is what has the society's critics so worried,
particularly with the prospect of several openings on the
Supreme Court soon.

Nadine Strossen, president of the American Civil Liberties
Union, sparred with Assistant Attorney General Michael
Chertoff and other conservative lawyers at a Federalist
Society debate on Friday on the impact of the war on
terrorism on American civil liberties. Ms. Strossen,
invited as a contrarian liberal voice, was in the clear
minority.

"The society has done a lot to advance public debate," she
said. "But it's very dispiriting to me as a civil
libertarian that the very conservative, pro-government wing
has really taken over not just the group but, in a way, our
justice system."

Federalist Society members, once ticklish about such
attacks, seemed to delight in them at this week's
conference, as Mr. Ashcroft, Solicitor General Theodore B.
Olson and others lampooned the liberal voices who dread the
group's influence.

"There are some who would paint the Federalist Society as a
nefarious underground cabal with secret handshakes and
blood oaths," Mr. Ashcroft deadpanned. Then, as his
audience cackled, he added, "I called you all here because
I want to know who squealed."

Another theme at the conference was a sense of wonderment
over how far the group had come.

The Federalist Society started 20 years ago as a loosely
cobbled network of conservative groups rebelling against
what were seen as ultraliberal student and faculty bodies
at places like Yale Law School, recalled Mr. Bork, a former
law professor.

Today, the society has 140 law school chapters and 60
lawyers' chapters, and membership has grown by 5,000 people
in the last year, said the society's president, Eugene
Meyer.

"Who would have thought 20 years ago," Justice Scalia said
at the society's black-tie gala on Thursday, "that that
little organization of students at a couple of law schools
would have evolved today to a power of such proportions"
that mere membership could endanger a judicial nomination?

Pausing, he said, "It could have been a grand flop."



http://www.nytimes.com/2002/11/17/politics/17FEDE.html?ex=1038506309&ei=1&en=0a36081b0619850c



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