The Plan for a Radically Different Supreme Court Is Here
18th February 2026
The New York Times, Paper of Record for the Crust.
And Jeffrey Toobin is all in. (Next to senile Larry Lessig at Harvard, Jeffrey Toobin is perhaps the most famous proglodyte lawyer in the country.)
The Federalist Society, the conservative legal organization founded in 1982, is justly famous for providing a right-wing agenda for the courts and for promoting its allies to be judges and justices. The American Constitution Society, its lesser-known liberal counterpart, recently announced new leadership, and a new goal: to expand the use of the courts to oppose President Trump’s agenda.
Phil Brest, the new president of the A.C.S., which was founded in 2001, participated in a largely unsung success of Joe Biden’s presidency: Serving in Mr. Biden’s White House counsel’s office, Mr. Brest, now 38, helped the president nominate and win confirmation of 235 federal judges, which is more than Mr. Trump’s total in his first term.
Those judges — and others appointed by Democratic presidents — have proved that the most effective resistance to Mr. Trump has come not from Democratic politicians but rather from federal judges. In the last several weeks alone, these judges, many of them Biden appointees, have ordered the release from immigration custody of five-year-old Liam Ramos and his father and their return to their home in Minnesota; blocked the Trump administration from ending temporary protections from deportation that had been granted to thousands of Ethiopians living in the United States; and directed the Trump administration to allow members of Congress to make unannounced visits to ICE detention facilities.
There is the Democrat program red in tooth and claw.