The Other Side of the Coin – American Constitution Society (ACS)

What is the ACS?

• Founded in 2001 (explicitly as a response to the Federalist Society’s growing influence, especially after the Bush v. Gore decision).
• It started as the “Madison Society for Law and Policy” before rebranding.
• Like the Federalist Society, it has student chapters at law schools, lawyer chapters in cities, and hosts debates, conferences, and events to promote progressive legal ideas.
• Focuses on a “living Constitution” approach, emphasizing how the law can advance individual rights, equality, access to justice, and democracy.

Similarities to the Federalist Society

• Both are networks for law students, lawyers, professors, and judges.
• Both aim to foster debate and build intellectual communities.
• Both influence judicial nominations (though the Federalist Society has been far more successful in recent decades, especially under Republican administrations).

Key Differences and Why It’s Not as Dominant

• Scale and Funding: The Federalist Society has more chapters, larger events, and significantly more funding (e.g., in older data from around 2016, Federalist Society revenue was about 4x that of ACS).
• Influence on the Judiciary: Many conservative judges openly tie to the Federalist Society, creating a clear “pipeline.” ACS has promoted progressive judges, but liberal appointees don’t typically brand themselves as “ACS judges” in the same way.
• Ideological Environment: Law schools and the legal profession lean left overall, so conservatives needed a dedicated counter-network (which the Federalist Society provided starting in 1982). Progressives already had more mainstream dominance, reducing the perceived need for an equivalent powerhouse.
• Intellectual Framing: The Federalist Society rallies around clear principles like originalism and textualism. ACS emphasizes outcomes like protecting rights and democracy, which some critics say makes it seem more overtly political.

In short, the ACS is the direct mirror-image organization on the left—often called the “liberal Federalist Society”—but it hasn’t achieved the same level of institutional power or cultural penetration. Some argue liberals have a broader ecosystem of groups (e.g., ACLU, Alliance for Justice) that collectively play a similar role, but nothing matches the Federalist Society’s singular focus and success. For more, check acslaw.org.