In a recent social media post, former President Donald Trump expressed his deep frustration with the Federalist Society, a prominent conservative legal organization. He stated, “He openly brags how he controls Judges, and even Justices of the United States Supreme Court — I hope that is not so, and don’t believe it is!” This remark came on the heels of a significant legal setback for Trump, as the U.S. Court of International Trade ruled against his administration's tariffs, a cornerstone of his economic agenda. Although an appellate court temporarily stayed this ruling, the implications of the decision were profound.
The recent ruling by the U.S. Court of International Trade represents a substantial blow to Trump's economic policies. The administration had heavily relied on these tariffs to bolster its trade agenda. Notably, one of the judges involved in the appellate panel that blocked the tariffs is Timothy Reif, a Trump appointee from his first term. This unexpected outcome led Trump to attribute blame to the Federalist Society, claiming disappointment over the "bad advice" he received regarding judicial nominations. “This is something that cannot be forgotten!” he emphasized in his post.
Leonard Leo, a key figure in the Federalist Society and a significant player in Trump’s judicial nominations, responded to Trump’s criticisms without directly addressing the former president's comments. He expressed gratitude for Trump's efforts in transforming the federal courts, stating, “I’m very grateful for President Trump transforming the Federal Courts, and it was a privilege being involved.” Leo acknowledged that while much work remains, the federal judiciary is in a stronger position than it has been in modern history, attributing this to Trump’s influence.
The relationship between Trump and Leo appears to be fraying, particularly following Trump’s disappointment that the three conservative justices he appointed did not support his efforts to overturn the 2020 election results. The Federalist Society was instrumental in curating a shortlist of potential Supreme Court nominees during Trump’s 2016 campaign, and Leo played a pivotal role in guiding this process.
Despite the evident tension, many legal conservatives suggest that Leo could still play a significant role in Trump’s future judicial nominations should he secure a second term. However, Trump’s recent harsh critique of Leo, referring to him as a “sleazebag,” raises questions about the viability of nominees with ties to the Federalist Society. This shift could result in the selection of less experienced or more extreme candidates for the federal bench, all of whom will still require Senate confirmation.
Trump's public disparagement of Leo may further complicate his relationship with the conservative justices on the Supreme Court. All three of Trump’s nominees, alongside Justices Clarence Thomas and Samuel Alito, have established connections with Leo. As Trump’s agenda faces increasing scrutiny from the Supreme Court, his vitriolic attack on Leo may alienate him from these justices, potentially impacting future legal strategies and decisions.
As this situation unfolds, it will be critical for observers to assess how Trump’s evolving relationship with the Federalist Society and its members influences his judicial nominations and the broader conservative legal landscape.
