How Pat Robertson Helped Create The Christian Nationalist Lawyer Brigade Reshaping American Life

This article is part of TPM Cafe, TPM’s home for opinion and news analysis. 

Christian Coalition and Christian Broadcasting Network founder Pat Robertson, who died Thursday at the age of 93, is best known for his failed foray into the 1988 GOP presidential primary, his training of evangelicals to be both successful candidates and reliable voters, and his decades-long highlight reel of homophobia, misogyny, racism, conspiracy theories, apocalyptic warnings, and pronouncements of God’s impending wrath on America for the sins of the left.

Less well understood, though, was Robertson’s significant contribution to the Christianization of the legal profession, and the development of a Christian nationalist legal brigade that has set its sights on ending the separation of church and state, abortion and LGBTQ rights. In 1986, he came to the rescue of a fledgling Christian law school, over the years turning it into the powerhouse Regent University School of Law that has produced lawyers who have gone on to become state court judges, appellate litigators, Republican lawmakers, and political appointees in Republican administrations. 

The roots of Robertson’s law school can be traced to Tulsa, Oklahoma, where, in 1979, his friend and fellow televangelist Oral Roberts founded its original iteration at his eponymous university, with seed money from O.W. Coburn, a local entrepreneur and father of future Oklahoma Senator Tom Coburn (R). Also key to the development of a law school that would teach the law from a “biblical worldview” was Herb Titus, a Harvard-trained lawyer who became an acolyte of R.J. Rushdoony, the founder of Christian Reconstructionism, the radical movement at the core of Christian nationalist legal thinking that asserts that biblical law must govern every facet of public and private life. Rejecting secular law after reading Rushdoony’s seminal book, The Institutes of Biblical Law, Titus believed he had a “dominion mandate” to “restore the bible to legal education.” One of the law school’s first students was future GOP congresswoman and presidential candidate Michele Bachmann, who is now the dean of the Robertson School of Government at Regent.

Evangelist Pat Robertson’s at Regent Law School in 1995. (Photo by William F. Campbell/Getty Images)

The law school’s first conflict with the secular world portended the battles that have defined the religious right’s ongoing quest to expand religious freedom for conservative Christians and shrink it for everyone else. Because the law school required both students and faculty to sign a statement of Christian faith and profess belief in Jesus as their savior, the American Bar Association refused it accreditation, saying the requirement ran afoul of ABA’s prohibition against discrimination in the profession. The denial posed an existential threat to the school, since most states require graduates to have a degree from an accredited law school in order to sit for the bar exam. To Titus, who believed the ABA’s refusal to accredit the school was “pure religious prejudice,” Roberts was a hero because he refused to “bow down to the establishment.” The school sued the ABA, eventually forcing it to amend its standards to permit the type of faith statement ORU required, and paving the way to its accreditation.

Even with this victory, the law school struggled, something Titus chalked up to the idea of a Christian law school being ahead of its time, a country wracked by anti-Christian sentiment, and students unwilling to take a chance on this radical new kind of legal training. But Robertson, from over a thousand miles away in Virginia Beach, Virginia, was a believer. By 1985, when the school found itself with just eight faculty members and 129 students, Robertson rode in on a proverbial white horse.

The announcement of the transfer of the law school from ORU to Regent (then known as CBN University) was laden with language typical of both Robertson’s and Roberts’s charismatic, prosperity gospel faith. Roberts described it as a “seed-faith gift” to CBN, implying not only ORU’s generosity, but the prospect of God’s blessing and return on the investment. (Roberts taught God would bless the sower of a “seed” gift by meeting all their spiritual, material, and health needs.) Without much evidence, Robertson pronounced the gift worth $10 million, a dubious valuation given it had a smaller faculty than many preschools. Robertson, who two years later would launch his presidential run, called it “a historic moment in American Christianity” and “a testimony before America that those who work for Jesus are co-laborers.”

Students praying in class at Regent Law School in 1995. (Photo by William F. Campbell/Getty Images)

Nearly forty years later, Oral Roberts’ prediction that the law school would grow “stronger and stronger under Pat’s leadership” certainly proved true. It is the training ground for Christian lawyers who oppose LGBTQ rights in the name of religious freedom for anti-LGBTQ Christians, and who question the separation of church and state. “The faculty at Regent were on the front lines against marriage equality, and they are some of the leading voices opposing LGBTQ rights,” Josiah Robinson, a 2021 graduate who was closeted for most of his time there and is now a queer rights activist, told me last year. “They’re the law review scholars and the legal professionals on religious liberty used as a tool to discriminate.” One of its most acclaimed graduates is Kristen Waggoner, who, as counsel for Alliance Defending Freedom, the top Christian right litigation firm in the country, successfully argued Masterpiece Cakeshop v. Colorado Civil Rights Commission before the Supreme Court, notching a significant “religious freedom” victory for a baker who had refused to make a cake for a gay couple. Waggoner is now CEO and president of ADF, which, in recent months, has led the legal fight to reverse the FDA’s approval of the abortion pill mifepristone and to otherwise restrict access to safe abortion.

Regent has produced a lot of Christian lawyers, and also its fair share of scandals.  Monica Goodling, a political appointee in George W. Bush’s Department of Justice, was at the center of a political scandal for leading an effort to query job applicants about their political beliefs in the quest to staff the agency with people with conservative Christian values. She was later reprimanded by the Virginia State Bar. Mark Martin, a former chief justice of the North Carolina Supreme Court, and then the dean of Regent School of Law, helped write a brief for former President Donald Trump in his failed legal effort to get the U.S. Supreme Court to overturn the 2020 election results in four states. Dan Cox, the far-right, election-denying Republican nominee for governor of Maryland last year, who had chartered three buses to the insurrection and tweeted (and later deleted) that Mike Pence was a traitor, is a 2006 graduate. 

Robertson, in his prime, was one of the top architects of the religious right that was built in the 1970s and ‘80s. But it was perhaps his salvaging of someone else’s vision — a Christian law school to train Christian lawyers to litigate, enmesh themselves in politics, and even run for office — that could prove to be his most lasting, and damaging, legacy.

Where Things Stand: Republicans’ Abortion Flailing Shows Up In McCarthy’s Caucus Chaos Too

My colleague Kate Riga and I have been tracking the various ways in which Republicans are freaking out about how their party’s longstanding and extreme positioning on abortion will impact them in coming elections. Kate wrote an excellent piece earlier this week on Republican 2024 candidates’ flailing as they repeatedly and publicly struggle to pick any specific footing on the issue, aware that restrictive policy platforms and abortion bans in general have proven themselves to be wildly unpopular among voters and will likely hurt them in the upcoming presidential general election.

I won’t unpack all the evidence that supports the notion that Republicans are losing the battle of public opinion on abortion here, but to catch up, I’d recommend reading this, this and this.

But, this week, the omnipresent dilemma and intra-party rift appeared in a new venue.

Continue reading “Where Things Stand: Republicans’ Abortion Flailing Shows Up In McCarthy’s Caucus Chaos Too”

How The Supreme Court’s Alabama Decisions Affected The 2022 Election — And Could Shape 2024

The Supreme Court knocked down Alabama’s racially gerrymandered congressional map in a shocking 5-4 decision Thursday, preserving a key section of the Voting Rights Act.

Continue reading “How The Supreme Court’s Alabama Decisions Affected The 2022 Election — And Could Shape 2024”

Medicaid Wins Big At Supreme Court Despite Fears That Right-Wing Majority Would Hobble Program

The Supreme Court upheld a key mechanism for beneficiaries of federal spending programs to sue if states violate their rights Thursday, the conclusion of a case that spawned protests, hearings and bottomless worry from activists and experts terrified that the Court would use it to hobble programs like Medicaid. 

Continue reading “Medicaid Wins Big At Supreme Court Despite Fears That Right-Wing Majority Would Hobble Program”

So Is Trump Really Toast?

You probably saw that President Trump has now received a “target letter” from Special Prosecutor Jack Smith’s office. We don’t know precisely when it was received, at least not in the reporting I have seen. But presumably it is quite recent. In federal law enforcement, a “target letter” is a mix of threat and good faith warning about your status and what to expect. In other words, we’re not just looking at a potential crime that you’re proximate to or involved with. You’re the target. We are looking at you as a probable criminal defendant and we assume we’re going to indict you. So act accordingly. It provides some back stop to prevent a defendant from saying prosecutors made it like they were just a witness and not the person who was going to get indicted. Lawyers who practice in the federal courts might put the nuance a bit differently or disagree among themselves. But I think this is the gist.

If you’re focused on the “hey is this thing really going to happen?” front, the answer is, you should assume it will. It’s not a guarantee. But it makes it highly likely. And not based on what some outside commentator speculates and pieces together from the clues. This comes from the guy who does the indicting.

Continue reading “So Is Trump Really Toast?”

Supreme Court Delivers Major And Unexpected Win For Voting Rights

The Supreme Court ruled Thursday to sustain the Voting Rights Act’s protection against attempts to dilute the voting power of racial minorities, dismissing Alabama’s attempt to create a standard that would make it nearly impossible to challenge such gerrymanders in the future.

Continue reading “Supreme Court Delivers Major And Unexpected Win For Voting Rights”

Wow, What A Week In The Mar-a-Lago Investigation

A lot of things happened. Here are some of the things. This is TPM’s Morning Memo.

MAL Case Remains On Track

A lot has happened this week in the Mar-a-Lago case, but let me offer some assurance that, to use the economics argot, the underlying fundamentals remain the same.

We now can surmise that the Monday meeting between Trump’s legal team and Special Counsel Jack Smith at Main Justice was prompted by the target letter Trump received in the Mar-a-Lago case. Setting aside Trump’s status as an ex-president, the target letter and the meeting are within the realm of normal.

While the newly empaneled grand jury in south Florida was a surprise, the flurry of last-minute activity and new revelations is all consistent with a case quickly moving toward indictments and finally shifting from the secretive grand jury process to public charges and more transparency.

If anything has changed this week, it may be that the estimates for the exact timing of indictments – widely considered to be coming at the end of this week or early next week – may be a few days too optimistic. But you really shouldn’t be worrying about the timing at that level of detail unless you’re involved in the case or trying to cover it.

A former president of the United States with a long history of existing at the line between legal and illegal who is determined to undermine the rule of law is about to get his comeuppance. The main concern all along was whether the legal system would be adequate to the task. It’s looking better now than it was two years ago.

The Florida Angle

WaPo: “Justice Department prosecutors are planning to bring a significant portion of any charges stemming from the possible mishandling of classified documents at Mar-a-Lago, the home of former president Donald Trump, at a nearby federal court in South Florida, according to people familiar with the matter.”

Espionage Act Still Very Much In Play?

It’s still not totally clear why Special Counsel Jack Smith empaneled a Florida grand jury, though venue issues remain the most obvious explanation. One additional bit of information emerged yesterday via The Guardian: DOJ counterintelligence chief Jay Bratt is involved in the Florida grand jury’s work. Bratt has been chiefly involved in the Espionage Act side of the investigation (as opposed to the obstruction of justice side of the probe). Do with that what you will.

Trump Spox Testifies To Florida Grand Jury

The exact relevance of the testimony of Trump spokesperson Taylor Budowich remains a public mystery, but he emerged displaying quite an attitude about the whole thing.

Bannon Subpoenaed In Jan. 6 Probe

Amidst all the other Jack Smith news, former Trump adviser Steve Bannon was subpoenaed in late May by the DC grand jury investigating Jan. 6. It is not at all clear that Bannon – already under criminal indictment in New York state for the alleged We Build The Wall fraud and currently appealing his conviction for contempt of Congress – would do anything other than plead the Fifth before a grand jury.

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This is different from our membership drive (we appreciate your membership, too!). Over the years, numerous readers have asked for ways to contribute above and beyond their memberships. This is for them and for you, a way to turbocharge your support for TPM. I hope you’ll consider it.

America In All Her … Ummm … Glory

HOLLYWOOD, CA. – APRIL 26: Actor Jay Johnston arrives at the 19th Annual GLAAD Media Awards on April 25, 2008 at the Kodak Theatre in Hollywood, California. (Photo by Jeffrey Mayer/WireImage)

Actor Jay Johnston – whose resume includes “Mr. Show,” “The Sarah Silverman Program,” “Arrested Development,” “Bob’s Burgers,” and “Anchorman: The Legend of Ron Burgundy” – has been charged in the Jan. 6 attack on the Capitol.

Clarence Thomas Is On The Clock

The eagerly awaited annual financial reports of the Supreme Court justices were due yesterday, but Justice Clarence Thomas asked for and received an extension of 90 days to file his. One can only imagine the clean-up work the Harlan Crow scandal is forcing Thomas to do with his filing(s).

Pat Robertson, 1930-2023

All the warnings you ever needed about where America was headed were right there for all to see in Pat Robertson’s 1988 campaign for president.

Comer Cancels Contempt Vote For Wray

This was never about the contempt vote or the rule of law or any good faith effort to conduct real oversight. This was a political gambit to smear a sitting president of the opposing party while delegitimizing the federal law enforcement entities investigating the the ex-president of the same party. In that sense, Oversight Chair James Comer (R-KY) got what he wanted and can declare victory. It’s an overt abuse of his power and corrupt as hell.

Drama Queens

The House GOP is in a perpetual state of drama and outrage. When they’re not attacking and trying to cause pain to their perceived enemies, they’re eating their own. In many ways, the need for constant drama is a bigger signifier than their radicalism. And that’s especially true with the Freedom Caucus. Fun to watch? Sometimes. A sign of the imminent collapse of the extremist wing or of Speaker Kevin McCarthy’s speakership? I really doubt it.

The Confrontation Is The Point

NYT: “The flights to California illustrate the broader bet Gov. Ron DeSantis has made that the animating energy in the G.O.P. has shifted from conservatism to confrontationalism.”

Needle-Threader-In-Chief

Fox News: Tucker’s Twitter Show Breaches His Contract

In a lawyer letter, Fox News warned Tucker Carlson that his Twitter “show” is a breach of the contract under which he is still being paid post-termination.

Louisiana Poised To Ban Trans Care For Minors

The legislation passed both chambers of the legislature by veto-proof margins.

The Next Chapter

Ukraine has launched its long-awaited counteroffensive.

‘We Are Completely Underprepared For Wildfire’

I know that you know that the wildfire smoke plaguing the East Coast is inextricably bound up with climate change. Let’s take that as the starting point, not the end point of the conversation. With that in mind, a good thread on how to think about the wildfire threat in a dramatically warming world:

Kilauea Resumes Eruption

HAWAII, UNITED STATES – JUNE 7: An aerial view of Kilauea volcano as it began to erupt around 4:44 a.m. on June 7, 2023 in Hawaii, United States. The eruption at Kilauea’s summit is occurring within a closed area of Hawaii Volcanoes National Park and high levels of volcanic gas are the primary concern. (Photo by United States Geological Survey/Handout/Anadolu Agency via Getty Images)

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