A great place to look at the rise of radical right American authoritarianism is Yale. That is where the shockingly powerful Federalist Society (FS) was founded and spreads its radical right authoritarian ideology from. A Yale Daily News article makes it clear that members of the FS see themselves as patriotic conservatives or libertarians, not radical right authoritarians:
How the Federalist Society shaped America’s judiciary
The Federalist Society, a conservative organization founded at Yale Law School, built a pipeline between law schools and top judgeships and influenced the selection of the past three Supreme Court justices
When former President Donald Trump began the review process for nominating a Supreme Court justice in 2017, Leonard Leo — the former vice president and current co-chairman of the Federalist Society — worked with the Trump administration and Republicans on the Senate Judiciary Committee to propose potential candidates.
Under Leo’s guidance in 2018, Trump nominated Brett Kavanaugh ’87 LAW ’90, who has been connected with the Federalist Society for at least 24 years. In 2017 and 2020, Leo’s creation of a list of potential Supreme Court nominees for Trump helped to advise the appointment of two other Federalist Society affiliates, Justices Neil Gorsuch and Amy Coney Barrett.
By 2024, six of the nine Supreme Court justices considered themselves members or affiliates of the Federalist Society — the culmination of a longstanding pipeline connecting members of Federalist Society chapters at America’s top law schools to high-level judgeships and political offices.The Federalist Society, a debating organization that hosts political events and acts as a network for conservative and libertarian students and professionals, was founded at Yale Law School in 1982 by three Yale alumni: Steven Calabresi ’80 LAW ’83, David McIntosh ’80 and Lee Liberman Otis ’79. Today, the Society is represented at all 204 ABA-accredited law schools in the country, has established communities of affiliated lawyers in 60 cities and has over 70,000 members.
The Federalist Society has since defined itself as a “group of conservatives and libertarians interested in the current state of the legal order,” according to its website. According to its three founders, the Federalist Society’s original goal was to provide a space on law school campuses for debating ideas across the political spectrum.
With six of the nine current Supreme Court justices serving as members or affiliates of the Federalist Society — Clarence Thomas LAW ’74, Samuel Alito LAW ’75, John Roberts, Kavanaugh, Barrett and Gorsuch — the group’s impact on the national judiciary is notably more significant than its founders anticipated.
In the past, the Federalist Society was committed to the three elements of modern legal conservatism: textualism in statutory interpretation, originalism in constitutional interpretation and judicial restraint. .... However, [politically liberal, Harvard law professor Noah Feldman] sees this shared interpretation as being at risk. He cited examples of how justices associated with the society, like Alito and Gorsuch, have begun to deviate from textualism, contrary to the society’s stated goals.
According to Feldman, should Trump win the 2024 election, Trump’s close ties to the Federalist Society’s network would ensure that any judge appointments within the next four years are members of the tight-knit society.
Two judges — Thomas, 72, and Alito, 74 — are approaching the age of retirement, and politicians expect a Supreme Court vacancy to open during the upcoming 60th presidency.
Alongside the presidential election, 305 appellate court seats are on the ballot in 2024, including 69 state supreme court seats this November. 32 of the candidates running for state supreme court positions are affiliated with the Federalist Society. (emphases added)
The power of the FS is undeniable. But what evidence is there that radical right authoritarianism is dominant over conservatism and libertarianism? In my opinion there is a plenty of evidence to support that opinion. So much so that it arguably amounts to a fact, not mere opinion. And of course, there are some Federalist Society members who really are old-fashioned conservatives or libertarians, but they are now on the fringes.
The open question now is whether Trump will keep taking FS picks, some of whom were ranked as unqualified by the American Bar Association, or will he ignore the FS off and pick judges purely on the basis of loyalty to him and their corruptibility.
Regardless, under DJT we can reasonably expect the federal judiciary to be significantly more radical right authoritarian and noticeably more corrupt than it already is. The rule if law, such as it is now, will be significantly or largely converted to the rule of Trump. Arguably, that has already happened with the two 2024 USSC decisions to (i) immunize Trump against crimes committed while in office, and (ii) legalize bribery of federal politicians and judges.
Heck, DJT could appoint another USSC judge if Sonia Sotomayor, in her poor health, pulls a Ruth Bader Ginsberg, and has to be replaced. That would give Republican authoritarian judges an overwhelming 7-2 majority.
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