Lat: Ambitious Law Students Must Choose To Be On ‘Team Blue’ Or ‘Team Red’

David Lat (Original Jurisdiction), Asked And Answered: Should I Join FedSoc?:

In this day and age, ambitious law students and young lawyers need to pick a ‘team’—which might be unfortunate, but is the reality.

Welcome to the latest installment of my advice column here at Original Jurisdiction, Asked and Answered. If you have a question for a future edition of A&A, please email me at davidlat at substack dot com, subject line “Asked and Answered: [your topic].”

With the new school year ramping up, today’s request for advice is timely:

Dear A&A,

I’m a 1L at a T14 law school, and I’m writing to ask for your thoughts on whether I, an originalism- and textualism-attracted individual, should join the Federalist Society, given (1) its already-existing reputation among the political left, (2) its seemingly evolving reputation among segments of the right, and (3) the general increase in political polarization and tensions on campuses. I want to join the Federalist Society, but I worry that joining may (1) alienate me from some classmates and (2) harm future job or clerkship prospects.

So what say you: Is FedSoc still the place to go for law students interested in originalism and textualism? Or have increased campus tensions and negative media stories on the Supreme Court and FedSoc sufficiently raised the downsides of joining that you would advise against it? I suspect similar questions may be on many 1L students’ minds right now. 

Sincerely yours,
Faint-hearted FedSoc-er ...

I believe that he should join FedSoc (emphasis mine)—unless there’s a good reason not to join, to which I now turn.

If he had told me that he’s strongly focused on private law, especially corporate law, and his dream job is to be a Biglaw partner focused on transactional work, then maybe my advice might be different. Biglaw firms are pretty left-leaning these days, so having FedSoc on your résumé could complicate your quest to become a finance or M&A or tax partner at an Am Law 100 firm.

Of course, another option would be to join FedSoc and not list it on your résumé—or list it selectively, only when it’s relevant and helpful to a particular opportunity. I’m told by a current 2L who belongs to FedSoc that student chapters do not make their membership lists public, precisely because of concerns over ostracism and “cancellation.” So a prospective Biglaw employer is unlikely to learn of your FedSoc membership unless you affirmatively mention it.

My advice might also be different if Faint-hearted had told me, in response to my follow-up questions about his political affiliation, that he’s a registered Democrat. To be sure, because FedSoc is a non-partisan organization—and actually prohibited from engaging in partisan political activity, as a 501(c)(3) organization under the Internal Revenue Code—there’s no inherent conflict between being a Democrat and being in FedSoc. But in our politically polarized age, the unfortunate reality is that it’s harder to secure certain elite professional opportunities—e.g., Supreme Court clerkships, top jobs at the DOJ, federal judgeships—if you’re not on the right “team.”

And if you play for “Team Blue,” then FedSoc on your résumé could be a problem. Imagine someone on president-elect Kamala Harris’s transition team, trying to fill coveted Justice Department jobs, or a lawyer in the White House Counsel’s Office in a Harris Administration, seeking potential judicial nominees. If that person sees your résumé with FedSoc on it and one of comparable strength that’s FedSoc-free, they’re going with the other résumé.4  [UPDATE (2:10 p.m.): See what I posted in the comments about why the “leave it off your résumé” approach doesn’t work for political-appointee jobs and judgeships.]
[During the vetting process, you’re expected to share everything—and I mean EVERYTHING. It’s not like going through on-campus interviewing with Biglaw firms as a law student.]

4 Team Harris won’t even bother bringing you in for an interview so you can attempt to explain that you joined FedSoc “for the debates”—à la men who used to read Playboy “for the articles.” It might very well be true, because FedSoc does put on excellent debates—just as Playboy published some quality articles over the years. But that’s the reality, whether it’s fair or not. (As for the free food at FedSoc events, you can attend the talks—and enjoy the food—without being an official member.)

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