Congress

The Federalist Society isn’t going anywhere

Published

1 year ago

June 25, 2025

President Donald Trump said the Federalist Society gave him “bad advice” on judicial nominations. He’s still appointing their members to the federal bench anyway.

On Wednesday, the Senate Judiciary Committee will consider nominees for seats on the federal bench, including Emil Bove, Trump’s No. 3 at the Justice Department and an outsider to some mainstream conservative legal circles. Bove’s nomination has divided the right over whether Trump was eschewing the traditional conservative Federalist Society pipeline in favor of his own brand of loyalist nominees. But even amid a schism between Trump and the Federalist Society, the president’s orbit has continued to embrace lawyers and jurists who have ties to the most influential conservative legal group.

In a sign of the continued alignment between the Federalist Society and the administration, the Senate Judiciary Committee will also vote Thursday on a different slate of judicial nominees, all five of whom are members of the Federalist Society, according to their disclosures and the Federalist Society website.

“The Federalist Society is just interwoven into the conservative legal establishment,” said Russell Wheeler, a nonresident senior fellow at the Brookings Institution who studies the judiciary. For all Trump’s indignation, the majority of his picks thus far are “not only Federalist Society members, they’re proud Federalist Society members,” Wheeler said.

The Federalist Society is an influential conservative legal group whose ranks have included some of the nation’s most powerful judges, and its chapters on law school campuses have operated as a training ground for future conservative jurists. In Trump’s first term, the organization’s former Executive Vice President Leonard Leo served as a key adviser to the president on judicial nominations. The White House ultimately nominated and confirmed hundreds of judges to the federal bench, including three Supreme Court justices.

As some of the judges Trump nominated have ruled in ways he doesn’t like — and in particular in the wake of a ruling from the U.S. Court of International Trade that nullified Trump’s tariffs — the president announced in a post on Truth Social that he had cut ties with Leo. He called his onetime adviser on Supreme Court nominees a “sleazebag” and lamented his disappointment in the Federalist Society for the people the organization had recommended.

But it does not appear Republican Senators on the Judiciary Committee — even some of the president’s staunchest allies — share Trump’s new animosity towards the Federalist Society.

“We’ll go to people that I’ve always relied upon to give me advice,” said Sen. Lindsey Graham (R-S.C.), a current member and former chair of the committee. “The Federalist Society, I’ve known for a long time, I’ll still keep talking to [them].”

“I’m going to work with people that want to talk to me,” echoed Sen. Chuck Grassley (R-Iowa), chair of the committee. “Would we sit down and talk to them and have discussions with them? The answer is, we’ll talk to anybody.”

And others warn that most qualified candidates are still going to come from the group. “Unless they use Federalist Society association as something that actually stops someone from getting a nomination, I don’t think it’s going to make a difference, and if they did take that step, the talent pool would shrink dramatically,” said an individual familiar with the administration’s judicial selection process granted anonymity to speak candidly.

A White House official said in a statement that Trump relies on “his senior advisors, White House Counsel, and the Department of Justice” in the judicial selection process. “The mold by which President Trump chooses judges is that of Justices [Clarence] Thomas and [Samuel] Alito and the late Justice [Antonin] Scalia,” the official said. “Outside entities, including hometown senators, think tanks, and others, are always free to share their recommendations, but the President and his team will be the ultimate decision-makers.”

There has been a notable exception to the administration’s continued affinity for Federalist Society-approved lawyers. Bove, who if confirmed would hold a lifetime seat on the powerful Third Circuit Court of Appeals, has come under scrutiny for his controversial maneuvering to fulfill Trump’s political agenda at the Department of Justice. The president’s one-time criminal defense attorney, not a typical Federalist Society candidate for the federal bench, is facing allegations by a former lawyer at the Department of Justice that he suggested the administration should go against court orders. Some in the conservative legal sphere have questioned his nomination out of concern that he would unduly prioritize loyalty to the president.

Michael Fragoso, former chief counsel to Mitch McConnell, who as Senate Republican leader shepherded the hundreds of nominees that Trump confirmed in his first term, underscored that if the most qualified candidates were Federalist Society members, Trump would still choose them. “If you look at who’s being nominated by and large really, I think Emil [Bove]’s probably the only exception,” said Fragoso, adding that Trump’s second term judicial picks are for the most part, “pretty traditionalist Federalist Society people.” Fragoso is supporting Bove’s nomination.

Behind the scenes, the Federalist Society has continued to angle for influence, despite Trump’s frustration.

Mike Davis, an outside adviser to the White House on judicial nominations, said the Federalist Society’s new president, Sheldon Gilbert, reached out to him around the time he took over the organization in early 2025. Gilbert expressed that he wanted to mend fences with Trump’s orbit, and the two ate lunch together, Davis said. The Federalist Society did not respond to a request for comment.

“Having new leadership is an important step in the right direction, but the problem with [the Federalist Society is] they need to stop being the string orchestra on the Titanic,” said Davis, a former staffer to Grassley. “They want to look majestic as the ship is going down.”

In other words, the Federalist Society needs to supply lawyers who will contribute meaningfully to the president’s legal aims, Davis said.

Trent McCotter, a former Justice Department official and Federalist Society member who worked on judicial nominations during Trump’s first term, feels similarly. He said the number one priority for judicial nominees going forward should be a “proven track record of doing conservative work.”

“Membership in the Federalist Society is a signal, but it’s a relatively weak one,” McCotter said. “What you’ve been doing, putting your name on and filing, arguing in court for the last year or five years or 10 years, those are things that demonstrate much more what a person thinks about the law.”

“There will presumably still be nominees who are members of the Federalist Society,” he said. “It just won’t be the same kind of signal that it used to be.”

Tessa Berenson Rogers contributed to this report.

Congress

Senate confirms Blanche as attorney general

Published

2 days ago

August 8, 2026

Blue Light Newsroom

The Senate Saturday confirmed Todd Blanche to be attorney general, following a weeks-long struggle with a handful of wary Republicans.

The Senate voted 50-49 to approve him, with GOP Sens. Susan Collins of Maine and Lisa Murkowski of Alaska joining with Democrats in opposition.

Blanche, President Donald Trump’s former personal attorney, has been serving as acting attorney general since Pam Bondi’s ouster in April. Questions about Blanche’s potential conflicts of interest from representing Trump, as well as his role in the creation of a $1.8 billion “Anti-Weaponization Fund” as part of Trump’s settlement this spring with the IRS, created headwinds to his confirmation among a key group of Senate Republicans.

Sen. Bill Cassidy, the Louisiana Republican who lost re-election after Trump endorsed a primary challenger, helped Blanche clinch his 50th vote Friday. He said Blanche wasn’t perfect but that he wasn’t sure Trump would pick someone better to lead the Justice Department.

“The choice is not between perfection and Mr. Blanche,” Cassidy said on the Senate floor. “It is between Mr. Blanche and another acting attorney general who may not run the department effectively under President Trump and who indeed may not be as good as Mr. Blanche.”

Cassidy’s support came after Blanche had already spent weeks negotiating with Sens. Thom Tillis of North Carolina and John Cornyn of Texas, who vetted his nomination as members of the Senate Judiciary Committee. Cornyn struck an agreement with Blanche Sunday for the DOJ to curtail the payout fund and rein in a deal to exempt Trump from IRS audits.

Cassidy’s support came hours after Murkowski announced that she would oppose Blanche’s nomination, putting it on the brink of potential failure. Between unified opposition from Democrats and Sen. Mitch McConnell’s absence for health reasons, Blanche could only lose two Republicans and still be confirmed.

Hours before Friday’s vote, Murkowski told reporters she spoke with Blanche multiple times but that she was “good with where I am.” She said there was no “one” thing that motivated her decision.

“If there was one thing, we might be able to go back to the White House and say ‘Hey, can we work on this one thing,’” she said. “But for me it was a compilation.”

She added that she believed the anti-weaponization fund is “pretty dead” but “what is not so clear” are the audit immunity provisions of Trump’s IRS agreement, “which I just think are viewed by so many in this country as kind of a special and sweet deal for the president and his family.”

Congress

Senate passes funding bill to avert October shutdown

Published

2 days ago

August 8, 2026

Blue Light Newsroom

The Senate passed a bill Saturday to fund the government beyond the midterm elections, putting the onus back on the House to head off a shutdown looming Oct. 1.

The Senate approved the measure in a bipartisan 90-6 vote, with Sen. Darline Graham of South Carolina voting present. The bill would fund federal agencies through Dec. 11 at current levels, with some exceptions. Senate leaders sped up consideration of the legislation as part of an agreement reached Saturday morning to allow members to leave for August recess.

The House and Senate have now each passed different bills aimed at averting a shutdown at the end of the fiscal year. The House bill would fund the government through Dec. 4.

The Senate legislation sets up a year-end standoff over the Trump administration’s controversial plan to put political appointees in charge of approving federal grants. The bill would block the administration from finalizing that rule during the length of the stopgap — and lawmakers are already expecting a December brawl over the issue.

Sen. John Kennedy (R-La.) said this week that he’s going to “fight like hell” in December to ensure Congress doesn’t further obstruct the grant overhaul.

But lawmakers on both sides of the aisle are resistant to the White House approach to grants. Senate Appropriations Chair Susan Collins (R-Maine) said she will “continue to oppose” the Trump administration plans “because I think they politicize the grants process, and I don’t want that to occur.” Sen. Patty Murray of Washington, the top Democrat on Senate Appropriations, said she too would “welcome the fight.”

The Senate rejected an amendment from Sen. Ted Budd (R-N.C.) intended to ensure that a ban on intoxicating hemp products kicks in come November, after Senate leaders at the White House’s urging included language in the funding bill to delay it.

The Senate bill includes language Democrats sought to ensure Immigration and Customs Enforcement and the Border Patrol don’t get any new funding under the patch. Republicans enacted $70 billion for those agencies along party lines earlier this year.

That prohibition could be contentious in the House.

Rep. John Rutherford (R-Fla.) said in an interview that the provision “could be a dealbreaker” and that he’s “not a fan” of the Senate version. Rep. Jeff Van Drew (R-N.J.) said Tuesday that he would say he’s undecided if GOP leadership whipped his vote on the Senate stopgap.

“I do not like the Senate language,” Van Drew said, noting the grant approval provision. “It’s one I would want to know what the president thinks.”

The White House issued a statement of administration policy in support of the Senate’s funding bill. No such memo was issued for the House bill, which did not include the funding increases and authorizations the White House requested.

“Every Member of Congress should support passage of this [continuing resolution] to keep the Government open as discussions on full year appropriations continue,” it reads.

Rep. Rosa DeLauro (D-Conn.), the top Democratic appropriator in the House, praised the Senate measure for including the grant and immigration enforcement language.

“This bill is a clear improvement over the House Republican continuing resolution, but we are still nearly two months away from the end of the fiscal year and should be working together to pass full-year funding bills,” she said in a statement.

Mia McCarthy and Jennifer Scholtes contributed to this report.

Congress

Senate eyes the exit after GOP-Trump deal

Published

2 days ago

August 8, 2026

Blue Light Newsroom

The Senate is aiming to leave Washington for a five-week recess early Saturday after Republicans cut a deal with President Donald Trump to punt some of their priorities, including a framework for a party-line spending plan.

The Senate is trying to lock in an agreement that would set up votes on a college sports bill, a stopgap government funding bill, Todd Blanche’s attorney general nomination and GOP voter ID legislation, according to a copy of an internal notice reviewed by Blue Light News.

The Senate would then leave Washington until mid-September.

Any one senator could object to the tentative deal, forcing it to be altered or dragging the Senate deeper into the weekend. Senators believe there are still objections to advancing the college sports bill. Democrats are also waiting to see if one of their own will prevent speeding up Blanche’s confirmation.

The breakthrough is a U-turn from earlier Friday evening, when Republican senators emerged from a closed-door meeting predicting they would have to spend Saturday trying to break a stalemate within the party about how to wrap final votes before recess.

Shortly after that meeting, Trump spoke by phone with Senate Republicans including Ron Johnson of Wisconsin, Rick Scott of Florida and Mike Lee of Utah about the path forward for the GOP’s lengthy to-do list.

During the call, according to Johnson, Trump agreed to punt a vote on a budget blueprint for a third party-line spending bill until later in the year. Lee, who has been pushing for action on the separate SAVE America Act, also agreed to drop his demand for a formal, roll call vote on adjourning given the understanding with the president.

“I think the conclusion of the conference – and we had a discussion with the president and he agrees – [is] don’t take the vote tonight,” Johnson said after the meeting in Thune’s office.

Republicans were in talks with the White House throughout Friday. A White House official granted anonymity said Friday evening that “we’re continuing to have productive conversations with senators to advance several legislative priorities.”