The Federalist Society, responsible in the past for helping Republican administrations establish originalists and textualist judges on the federal judiciary, has caught serious flak from President Trump this week. In his first term, President Trump chose all three of his Supreme Court Justice nominees from a list handcrafted by former Federalist Society president Leonard Leo. The president is now calling out the Federalist Society and its former president, going so far as to call him a "sleazebag" who "probably hates America," in a Truth Social post following a ruling by the U.S. Court of International Trade blocking President Trump's unilateral tariffs. That ruling was stayed shortly after by a U.S. Court of Appeals.
The Federalist Society is largely responsible for influencing major conservative wins in the last decade, most notably the 6-3 conservative majority on the Supreme Court, one of President Trump's most impactful feats. This victory alone led to the overturning of Roe v. Wade, ending legal precedent allowing affirmative action in American Universities, and halting Biden Era executive orders. Former Federalist Society President, Leonard Leo responded to President Trump's criticisms in a statement by saying, “I'm very grateful for President Trump transforming the Federal Courts, and it was a privilege being involved. There's more work to be done, for sure, but the Federal Judiciary is better than it's ever been in modern history, and that will be President Trump's most important legacy.”
However, the Trump administration maintains the position that its agenda, and the will of the people, are continually being impeded by an activist judiciary. For these reasons, both the Supreme Court and lower courts have been the target of harsh criticism from the President and his allies. According to The Hill, President Trump has turned to new sources for choosing who he will place in the judiciary, mainly Chief of Staff Susie Wiles, White House Counsel David Warrington, and Deputy White House Counsel Steve Kenny. He has also enlisted the help of a more MAGA-aligned group: The Article III Project, led by Mike Davis. Mike Davis was the former Chief Counsel for Nominations to Senate Judiciary Chairman Chuck Grassley.
In an interview with The Hill, Davis said:
They abandoned President Trump during the lawfare against him...And not only did they abandon him — they had several FedSoc leaders who participated in the lawfare and threw gas on the fire.
The Article III Project had once been a supporter of the Federalist Society and helped to ensure its judges were confirmed to their seats on the Supreme Court. Now, after learning from past mistakes, the Article III Project will advance nominees who will not partake in activism set to thwart President Trump's agenda.
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