Saturday, May 31, 2025

Trump Turns on the Federalist Society. He Didn't Want Originalist he Wanted Loyalist.

by Rod Williams, May 31, 2025- One of the things that compelled me to vote for Trump in 2020 was his record of appointing originalist jurist to the Courts. He appointed Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett to the Supreme Court, all of whom were recommendations of the Federalist Society. I was thrilled by those appointments. In addition to the Supreme Court appointees, Trump was able to fill a lot of lower court vacancies, mostly also made up of Federalist Society nominees.

I have been pleased with the rulings of the Supreme Court on overturning Roe v Wade and other ruling. I have been especially pleased to see the lower courts stand up to Trump on issues like due process and the rule of law.

Trump is not pleased with the courts. President Trump has been lambasting judges, including many he appointed, as "activist judges." He has also lambasted the Federalist Society for the recommendations they made. When the various cases working their way through the courts reach the Supreme Court, I fully expect the Supreme Court to uphold the Constitution and vote against Trump on several issues. I don't doubt the Supreme Court will uphold the Constitution.


Recently, Trump took to social media to lambast the courts. His post tells a lot about the way he thinks. Recently Trump got an adverse ruling from the U. S. Court of International Trade. Instead of seeing it as a loss for his administration, he sees the court as ruling against the United States of America. He says they are doing damage to the country. This is the way a king thinks, when they refer to "the crown," and see themselves as the embodiment of the nation. Trump thinks of himself that way.

Also, he cannot see that a ruling against his administration is a ruling based on interpreting the law and upholding the Constitution. A ruling against his position is because the justices simply hate him. "What other reason could there be?" he asks. It is all personal with Trump. 

His post also says a lot about his contempt for the legislative process, seeing it as, "hundreds of politicians setting around for weeks." The Constitutions says it is Congress's job to levy taxes, but that is too time consuming and cumbersome and is an impediment to Trump doing what he things he needs to do. To hell with what the Constitution says and to hell with Congress, they are impediments to getting the job done. That is the way kings and other dictators think. 

Also, from his recent Truth Social post he refers to "radical left judges." Now, these are judges many of whom were recommended by the Federalist Society and appointed by Republican presidents. Some were Trump appointees and some Bush and Reagan appointees. I am not sure Trump knows his left from his right. In Trump's view and Trump world, a leftist is anyone who does not kowtow to the dear leader.

Writing in The Dispatch, Nick Catoggio had this to say about Trump's attack on Leonard Leo.  

Leo spent many years as the Federalist Society’s sherpa on judicial nominees, advising Republican presidents on whom to appoint and helping to shepherd candidates through the confirmation process. With the exception of Mitch McConnell, no one has done more this century to build a federal bench of originalist judges. But Trump didn’t want originalists—he wanted flunkies—and so Leo’s influence, and the influence of the organization he serves, have gone up in smoke. ....

Conservatives got the judiciary they wanted in exchange for supporting a man who radiates contempt for the constitutional order. In doing so, they empowered a postliberal movement that despises judges who do their jobs conscientiously instead of dutifully midwifing a Trumpist autocracy. As the Republican Party proceeds further down the path to fascism that those conservatives enabled, eventually the federal judiciary will consist entirely of believers in the “living Constitution,” half authoritarian and half progressive. In the long run, as Reaganites age out and are replaced by younger Trumpists, conservative judges as we’ve known them will go mostly extinct.  

Catoggio says conservatives, in order to get a conservative judiciary made a deal with the devil and now the Devil has come to collect.  

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