Andy Schlafly, an attorney and son of the late Phyllis Schlafly, criticized the Federalist Society on Tuesday, alleging the group is pushing for President-elect Donald Trump to nominate a Supreme Court justice who is not pro-life.
“The Federalist Society is the D.C. group pushing Trump to nominate another David Souter, who then cast a pro-abortion vote nearly every time on the Supreme Court. The Federalist Society is not, and has never been, pro-life,” Schlafly wrote in an email.
The Federalist Society, along with the Heritage Foundation, helped compile a list of 21 judges during Trump’s presidential campaign from which the President-elect vows to select his nominee for the Supreme Court.
Schlafly, along with roughly 100 grassroots organizations, recently sent a signed letter to Trump, urging him to fill the vacant Supreme Court seat following Justice Antonin Scalia’s death last year with a pro-life judge.
In his email on Tuesday, Schlafly alleges that the Federalist Society is pushing Neil Gorsuch to be nominated.
Gorsuch is a federal judge for the U.S. Court of Appeals for the 10th Circuit. He was nominated for that seat in 2006 by President George W. Bush.
Although the Denver Post reports Gorsuch “brings strong conservative bonafides that would — at least in theory — re-establish a court majority,” Schlafly does not think he is the right pick.
“Gorsuch is not pro-life,” Schlafly alleged in the email. “I knew him in law school and afterwards and he never said anything pro-life. In his writings he uses only pro-abortion terminology, and he has cited favorably a landmark pro-abortion decision. His church is publicly and strongly against pro-life laws.”
On top of that, Gorsuch thinks courts should not correct their own mistaken precedents, which means he would never overturn Roe v. Wade. In one case in which he ruled against the Second Amendment, Gorsuch even declared, “Our duty to follow precedent sometimes requires us to make mistakes.” That approach is very similar to what David Souter and Anthony Kennedy used to uphold Roe v. Wade.
Although Trump has pledged to nominate a pro-life judge, Schlafly fears he’s being pushed behind the scenes to break that pledge.
“No pro-life voters are going to be fooled by another David Souter,” Schlafly declared. “There are terrific judges available with pro-life records, such as Charles Canady and women who were improperly excluded from the list. Trump’s advisers should recommend them so Trump can fulfill his pledge.”
Breitbart News reached out to both the Federalist Society and Gorsuch for comment, but has not yet received a response.