For context from a Georgia lawyer (and former Prof. Noll research assistant!), McBurney is the same judge who has twice chucked Georgia’s six-week abortion limit law (for different and persuasive reasons). Easy to say he’s just a crazy liberal judge (despite appointment from a GOP governor). - ThreadSky

joshuasmithatl.bsky.social • 221 days ago

For context from a Georgia lawyer (and former Prof. Noll research assistant!), McBurney is the same judge who has twice chucked Georgia’s six-week abortion limit law (for different and persuasive reasons). Easy to say he’s just a crazy liberal judge (despite appointment from a GOP governor).

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joshuasmithatl.bsky.social•221 days ago

But also worth nothing that Judge McAfee, who has the pending Fulton County criminal case related to the 2020 election, is a former Federalist Society member. And his decisions have been very fair to all parties thus far. Nothing like what you see with Judge Cannon in SDFL.

synicism.bsky.social•220 days ago

I mean the FedSoc can't weed out ALL the competent jurists.

joshuasmithatl.bsky.social•221 days ago

It’s early, but so far, the Georgia judiciary is holding. 🤞🏻

chickenlady.bsky.social•221 days ago

Yes, because being a member doesn't mean anything.
Judge Luttig is a member.

mitchellepner.bsky.social•221 days ago

Judge Luttig was more than a member. In the 90s, he was the intellectual center of the Federalist Society. I got to know him when I clerked for a District Court judge in Baltimore.

Judge Luttig was always a tremendous intellect and man of principle, with whom I disagreed on much. Always a patriot.

polyparadigm.bsky.social•221 days ago

I am surprised to learn that the Federalist Society so recently had an intellectual center, or periphery.

david.noll.org•221 days ago

Oh for sure. There was a richly funded, generational effort to build out the theories courts are now adopting. Amanda Hollis-Brusky's book is the go-to history.

polyparadigm.bsky.social•221 days ago

Why are the theories so insubstantial and idiotic, then?

Is it just that the conclusions they’re engineered to accomplish are so prima-facie wrong, morally and intellectually, that the justifications constructed to support them also have to be built of punk and glamer?

joshuasmithatl.bsky.social•221 days ago

This is absurdly reductive. Do I know people from law school who were active in both Fed Soc and ACS because they had genuine interest in constitutional law? Yes! Is that reflective of the leadership and membership of Fed Soc writ large? Absolutely not!

joshuasmithatl.bsky.social•221 days ago

Also, as someone who was a leader in his law school ACS chapter and had an amicable relationship with the Fed Soc leadership such that we put on joint events, the philosophical priors of both organizations are on full display when it comes to which topics/speakers the national org will pay for…

joshuasmithatl.bsky.social•221 days ago

(Probably doesn’t need to be said, but Fed Soc was way more prescriptive on who could come speak and which topics they are allowed to speak about. And by way I mean absolutely.)

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