The Influence of Federalist Society Affiliation on Senator Voting in Federal Judicial Nominations

Abstract We argue affiliation with an American conservative legal movement key player, the Federalist Society (FedSoc), provides a low-cost, high-information cue to senators voting on nominees. We investigate how FedSoc affiliation shapes senator voting behavior on judicial nominations. Using a novel dataset of 35,602 roll call votes on all federal judicial nominations (1991–2020), we find Federalist Society affiliation dramatically impacts the likelihood of receiving a senator’s vote with Democrats less likely to vote for Federalist Society-affiliated nominees than Republicans across the federal judiciary. Senator ideology matters with more ideologically extreme Republicans – and more moderate Democrats – more likely to vote for FedSoc-affiliated nominees. Relatedly, Republican senators – regardless of their own affiliation with the group – reveal strong support for FedSoc affiliates. Taken together, we show nominee affiliation with the Federalist Society is a crucial cue when senators vote on judicial nominees. 1