It is a sign of how strong a nominee John Roberts is that his membership or non-membership in the Federalist society should have become an issue. The New York Times puts it this way:
Last week, the White House denied that Mr. Roberts had ever been a member of the Federalist Society. Mr. Roberts's handlers were no doubt concerned that the society's reputation as an organization of hard-line conservatives could work against him during the confirmation process. ... But The Washington Post reported yesterday that he was listed in a Federalist Society Lawyers' Division Leadership Directory for 1997-1998 as a member of the steering committee of the Washington chapter.
Mr. Roberts still has no recollection of being a member of the society or on the steering committee, according to the White House. It may be that Mr. Roberts was never formally a member of the society, which keeps its membership secret. But at his confirmation hearings, the Senate should make sure that there was no intent to deceive senators or the public.
What exactly is the issue here: the fact that he was a member, or the fact that he isn't sure? In pondering questions of such importance to the Republic, it suddenly occured to me that I don't know whether I am a member or not. It took a while for the memory to surface, but while in graduate school in the 1980's I attended a meeting of the Federalist Society in San Francisco.
As I recall, it was a pretty entertaining weekend, even if we had left out Chinatown. If the current membership of the FS is anything like it was then, the Times is dead wrong about the "organization of hard-line conservatives" bit. Most of the attendees were libertarians. In fact, Milton Friedman was the keynote speaker (he's really short, by the way). Now as long as we were talking about economics, you couldn't tell the difference. But when someone mentioned abortion or gay marriage, it was like Moses parting the waters.
But here's the thing: I'm pretty sure I would have joined the Federalist Society if someone had handed me an application. These guys were a barrel of laughs. But I have no idea whether I did join, or would appear on any past or present list of members. So I can well believe that John Roberts isn't sure either. The fact that Roberts is listed as a "a member of the steering committee of the Washington chapter" doesn't mean anything. Organizations such as this want influential people to appear on their rolls, and they are not so dense as to require any actual participation in return. Someone with Robert's career is probably listed on dozens of such rolls, and I'm sure he couldn't name them all.
The folks at the New York Times, God bless 'em, know this. They are in fact indulging in behavior that they themselves would recognize as appalling if they observed it on the right. Are you now or have you ever been a member of ..., that's petty McCarthyism. But Roberts is in good shape if his enemies remain this petty.
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