Russ Feingold Takes the Helm at the American Constitution Society
The former Democratic senator discusses his vision for the ACS as the group's newest president, the importance of the rule of law and diversity on the bench.
March 22, 2020 at 10:00 AM
6 minute read
Liberal groups are eyeing a Democratic presidential win in 2020 as their chance to answer the conservative judicial machine. At the American Constitution Society, they're preparing for that possibility with the selection of former Democratic Sen. Russ Feingold as the group's newest president.
Feingold recently spoke with The National Law Journal about his vision for ACS, the importance of the rule of law, and how he'll address diversity within the legal profession and on the bench.
What did you pitch as your vision for ACS and how you generally think liberals should be addressing and prioritizing the judiciary?
This is a time for every American who is concerned about the rule of law and our system of government to get involved in whatever way they can. That applies with particular force to progressives, and to progressive lawyers or progressives in other parts of the legal system.
There is an opportunity in the midst of all this trouble to rally people together for the integrity of the legal system, and I feel ACS is particularly well-positioned to do this. I think that is somewhat a broader notion than maybe some people associate with ACS at this point, although all of the elements are certainly there.
Taking this position under President Barack Obama may have felt different. It certainly feels urgent now. There's an awful lot of rebuilding that has to be done, but also proactive work.
How are you planning on tying your past work in the Senate, including on the Judiciary Committee, into your work for ACS? Will judicial nominees be a priority?
I'm really fortunate that my career has allowed me to be involved in just about every angle that ACS is involved in. I can bring some of the experiences I had in the Senate, including very direct involvement in four U.S. Supreme Court nomination processes. I can help figure out a way to undo, in effect, this right-wing packing of the courts, because that's what has happened.
We also have to be ready for whatever might happen in November, which is two different scenarios in terms of the judiciary. We have to have an understanding of what we're going to accomplish in either event.
Conservatives have been able to make the judiciary a major issue for their voters. Why do you think those on the left haven't been able to achieve the same level of success?
We have respect for the legal system. We don't think the legal system is a tool to get manipulated, or a number of very specific goals to achieve, like the obvious attempt to overturn Roe v. Wade. Everybody should have a fair chance and feel safe in front of the legal system. On the other hand, I do recognize that this is very challenging.
Are there any court reforms you would like to see be made a priority, by either the judiciary itself or through legislation?
I would like to see ACS help enhance a national conversation about the tenure of the judiciary. The founders of this country could not have possibly foreseen that people who are 35 to 40 years old could be on the court for 50 to 60 years.
There are legislative ways to enact reforms that may require constitutional amendments. Perhaps it can be done in other ways. But we have to get to the first level of recognizing as a country that there's something very odd about the way the third branch works.
There have been calls for increased diversity within the legal profession. How will you, a straight, white man who has been tapped to lead ACS, prioritize diversity?
Obviously, I am who I am, and that's not going to change. Unlike many conservative groups, ACS is on the side of making sure there is diversity in the court, in law firms, on law faculty, among student bodies and in membership of the ACS chapters.
It's an honor to be able to work on these issues. This is not the agenda of the right, they don't care about this. We do. It has always been my belief that the infusions of diverse people over time into this country, different people from different cultures—this is our greatest strength. And it needs to be reflected in the legal system in every way, shape and form.
The Judicial Conference is weighing a rule that would block federal judges from belonging to the ACS or the Federalist Society. Do you agree with the proposed rule? Do you think judges should not be involved in activities that can give even the impression of bias?
ACS is very concerned about there not being any conflict of interest at any point in the judicial system, and that clearly is the motivation behind the proposed rule.
On the other hand, we feel strongly that judges should be allowed to participate in events and conversations with groups like ACS. It helps the legal system, and it's also very beneficial to the judges. How that balance works out, we'll see.
You've spent the past few years teaching law students at Stanford, Yale, Harvard and Marquette. What have you learned from that experience and how will you fold it into your leadership of ACS?
I've learned a lot, and I've primarily learned it through informal conversations over the last 10 years with students who come to my office hours. Especially since 2016, young, progressive, bright students say to me, "I was interested in going to the State Department, going to the Justice Department after I graduated, but I can't really justify going there given the current administration." It seems to me there's a need for much greater interaction between ACS and people like that, who are drawn to be in public service. I intend to gradually do a nationwide tour of as many chapters as I can, to make sure this is grounded in those who are the future of the progressive legal coalition.
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