Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
Editorials & Other Articles
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsThe Right-Wing Legal Movement Made Trump a King - American Prospect
https://prospect.org/2025/11/21/right-wing-legal-movement-trump-roberts/One of the core tenets of the conservative legal movement over the past half-century has been that presidents should have more power. The unitary executive theory developed by John Yoo, then an attorney in George W. Bushs Office of Legal Counsel, holds that the president has nearly unlimited authority in the conduct of foreign policy, to the extent that he could legally order the testicles of a child to be crushed.
Naturally, Republican judges and justices always discover a sudden allergy to presidential power whenever a Democrat is occupying the White House; both Barack Obama and Joe Biden spent their entire terms getting their domestic agendas hamstrung by hyper-tendentious lawsuits and partisan hack rulings. Nevertheless, thanks in part to the conservative legal movement, the powers of the presidency have tended to grow over time. It was Obama, after all, who had several American citizens assassinated without trial.
Undoubtedly, the apex of right-wing jurisprudence on presidential power is the aptly named Trump v. United States, in which Chief Justice Roberts declared the president immune from criminal prosecution for official acts, which he defined very widely, and presumptively immune for unofficial ones. For my money, it is the worst Supreme Court decision in American history. As the dissent argued, The relationship between the President and the people he serves has shifted irrevocably. In every use of official power, the President is now a king above the law.
Today, America is getting clubbed over the head with the reasons why monarchies are bad. Roberts turned the presidency into a kingship, and the first president to govern under this ruling has compressed a solid millennium or two of monarchical misrule into a mere ten months. One would think that even a casual viewer of Schoolhouse Rock! would understand this, but if theres anything that characterizes Donald Trumps second term, it is the need for remedial education.
Naturally, Republican judges and justices always discover a sudden allergy to presidential power whenever a Democrat is occupying the White House; both Barack Obama and Joe Biden spent their entire terms getting their domestic agendas hamstrung by hyper-tendentious lawsuits and partisan hack rulings. Nevertheless, thanks in part to the conservative legal movement, the powers of the presidency have tended to grow over time. It was Obama, after all, who had several American citizens assassinated without trial.
Undoubtedly, the apex of right-wing jurisprudence on presidential power is the aptly named Trump v. United States, in which Chief Justice Roberts declared the president immune from criminal prosecution for official acts, which he defined very widely, and presumptively immune for unofficial ones. For my money, it is the worst Supreme Court decision in American history. As the dissent argued, The relationship between the President and the people he serves has shifted irrevocably. In every use of official power, the President is now a king above the law.
Today, America is getting clubbed over the head with the reasons why monarchies are bad. Roberts turned the presidency into a kingship, and the first president to govern under this ruling has compressed a solid millennium or two of monarchical misrule into a mere ten months. One would think that even a casual viewer of Schoolhouse Rock! would understand this, but if theres anything that characterizes Donald Trumps second term, it is the need for remedial education.
Spot on.
— Sherrilyn Ifill (@sifill.bsky.social) 2025-12-01T16:48:59.532Z
1 replies
= new reply since forum marked as read
Highlight:
NoneDon't highlight anything
5 newestHighlight 5 most recent replies
The Right-Wing Legal Movement Made Trump a King - American Prospect (Original Post)
In It to Win It
Monday
OP
Maddow Blog-Why the White House decided even the conservative Federalist Society isn't good enough
LetMyPeopleVote
Monday
#1
LetMyPeopleVote
(173,407 posts)1. Maddow Blog-Why the White House decided even the conservative Federalist Society isn't good enough
trump has turned on the very people who helped elect him
The Federalist Society has long been seen as one of the most successful projects of the conservative movement. Team Trump no longer seems to care.
Link to tweet
https://www.msnbc.com/rachel-maddow-show/maddowblog/white-house-decided-even-conservative-federalist-society-isnt-good-eno-rcna210026
But one nagging detail got in the way: One of the judges that ruled against the White House was appointed by Trump and confirmed by Senate Republicans. The political problem was obvious.
And so, as Politico reported, the president has opened up a new line of attack.
As part of an odd and meandering online rant, the Republican wrote, I am so disappointed in The Federalist Society because of the bad advice they gave me on numerous Judicial Nominations. This is something that cannot be forgotten!
For those unfamiliar with the Federalist Society, it is a conservative organization that has long been seen as one of the most successful projects of the conservative movement. Indeed, throughout Trumps first term, the group was a key part of a brutally efficient assembly-line process: The Federalist Society would vet and recommend far-right ideologues for the federal bench; the White House would use the organizations lists for judicial nominations; Senate Republicans would rubber-stamp the presidents choices; and Americans would watch the judiciary lurch to the right to a degree unseen in generations......
In fact, a year before Election Day 2024, The New York Times reported that Team Trump had begun looking at Federalist Society members as squishes. The article quoted Russell Vought, 15 months before hed begin his latest tenure as the director of the White Houses Office of Management and Budget, saying, The Federalist Society doesnt know what time it is.
That was in late 2023. Now, midway through 2025, as several Trump-appointed federal judges rule in ways the president does not like, he wont blame himself, and hes won't blame Senate Republicans for confirming his picks but he can blame the Federalist Society for recommending jurists who sometimes see themselves as neutral arbiters of a separate and coequal branch of government.
Thats precisely why Stephen Miller, a White House deputy chief of staff, appeared on CNN the morning after Trumps online rant and accused the Federalist Society of creating a broken system. He added, Were not going to be using the Federalist Society to make judicial nominations at all going forward.
As for what Team Trump might replace it with, watch this space
And so, as Politico reported, the president has opened up a new line of attack.
President Donald Trump leveled unusually pointed criticism of a prominent conservative legal activist and organization Thursday as he railed against a ruling that struck down his sweeping tariffs. The president, in a post on his social media platform, slammed Leonard Leo, the former chair of the Federalist Society, calling him a sleazebag who probably hates America.
As part of an odd and meandering online rant, the Republican wrote, I am so disappointed in The Federalist Society because of the bad advice they gave me on numerous Judicial Nominations. This is something that cannot be forgotten!
For those unfamiliar with the Federalist Society, it is a conservative organization that has long been seen as one of the most successful projects of the conservative movement. Indeed, throughout Trumps first term, the group was a key part of a brutally efficient assembly-line process: The Federalist Society would vet and recommend far-right ideologues for the federal bench; the White House would use the organizations lists for judicial nominations; Senate Republicans would rubber-stamp the presidents choices; and Americans would watch the judiciary lurch to the right to a degree unseen in generations......
In fact, a year before Election Day 2024, The New York Times reported that Team Trump had begun looking at Federalist Society members as squishes. The article quoted Russell Vought, 15 months before hed begin his latest tenure as the director of the White Houses Office of Management and Budget, saying, The Federalist Society doesnt know what time it is.
That was in late 2023. Now, midway through 2025, as several Trump-appointed federal judges rule in ways the president does not like, he wont blame himself, and hes won't blame Senate Republicans for confirming his picks but he can blame the Federalist Society for recommending jurists who sometimes see themselves as neutral arbiters of a separate and coequal branch of government.
Thats precisely why Stephen Miller, a White House deputy chief of staff, appeared on CNN the morning after Trumps online rant and accused the Federalist Society of creating a broken system. He added, Were not going to be using the Federalist Society to make judicial nominations at all going forward.
As for what Team Trump might replace it with, watch this space
The Federalist Society judges are ultraconservative assholes but they follow the law. trump wants idiots who will worship him and not the law