The opinions that killed affirmative action were written by six justices who all have ties to the Federalist Society.
the Supreme Court ruled the programs unconstitutional. Federalist Society lawyers filed amicus briefs in both cases urging the court to adopt the strict scrutiny standard that killed the programs.
Seattle, Washington, and Jefferson County, Kentucky, had adopted voluntary plans that took race into account in assigning students to school, for the purpose of achieving greater integration. The plans were adopted in part to overcome segregation caused by racial discrimination in housing. Lead counsel for the parents challenging the plans was Federalist Society lawyer Harry J.F. Korrell. Paul D.
Federalist Society lawyers in the firm of Consovoy McCarthy LLC represented Abigail Fisher, a white plaintiff who challenged affirmative action at the University of Texas’s flagship school at Austin. They were supported by a flood of amicus briefs from Federalist Society lawyers.
SFFA was incorporated in 2014 by Edward Blum, Abigail Fisher and Richard Fisher. Blum is a fellow at the right-wing American Enterprise Institute. SFFA had all of 47 members when it initially sued Harvard, including Asian Americans who had allegedly applied to and been rejected by the university. By 2017, it claimed approximately 20,000 members.
The influence of the Federalist Society on the appointment of federal judges and Supreme Court justices is virtually unprecedented in our history. Every Republican president since Reagan has had a Federalist Society member in the White House vetting judges. As a thought experiment, imagine the outcry from the right if Democratic presidents took their marching orders from the National Lawyers Guild or the American Civil Liberties Union.
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