Last week, the Court of International Trade delivered a blow to Donald Trump’s global trade war. It found that the worldwide tariffs Trump unveiled on “Liberation Day” as well his earlier tariffs pretextually aimed at stopping fentanyl coming in from Mexico and Canada (as if) were beyond his authority. The three-judge panel was surely right about the Liberation Day tariffs and probably right about the fentanyl tariffs, but there’s a better case that, while bad policy, the fentanyl tariffs were not unlawful.
Please forgive a lengthy excerpt of Trump’s response on Truth Social, but it speaks volumes:
“How is it possible for (the CIT judges) to have potentially done such damage to the United States of America? Is it purely a hatred of ‘TRUMP?’ What other reason could it be? I was new to Washington, and it was suggested that I use The Federalist Society as a recommending source on Judges. I did so, openly and freely, but then realized that they were under the thumb of a real ‘sleazebag’ named Leonard Leo, a bad person who, in his own way, probably hates America, and obviously has his own separate ambitions. … In any event, Leo left The Federalist Society to do his own ‘thing.’ 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!”
Let’s begin with the fact that Trump cannot conceive of a good explanation for an inconvenient court ruling other than Trump Derangement Syndrome. It’s irrelevant that the International Emergency Economic Powers Act, the 1977 law the administration invoked to impose the relevant tariffs, does not even mention the word “tariff” or that Congress never envisioned the IEEPA as a tool for launching a trade war with every nation in the world, the “Penguin Islands” included. Also disregard the fact that the decision was unanimous and only one of the three judges was appointed by Trump (the other two were Reagan and Obama appointees). (The decision has been paused by an appeals court.)
Trump is the foremost practitioner of what I call Critical Trump Theory — anything bad for Trump is unfair, illegitimate and proof that sinister forces are rigging the system against him. No wonder then that Trump thinks Leonard Leo, formerly a guiding light at the Federalist Society, the premier conservative legal organization, is a “sleazebag” and “bad person.” Note: Leo is neither of those things.
But Trump’s broadsides at Leo and the Federalist Society are portentous. Because Congress is AWOL, refusing to take the lead on trade (and many other things) as the Constitution envisions, it’s fallen to the courts to restrain Trump’s multifront efforts to exceed his authority. That’s why the White House is cynically denouncing “unelected” and “rogue” judges on an almost daily basis and why Trump’s political henchman, Stephen Miller, is incessantly ranting about a “judicial coup.”
The supreme, and sometimes seemingly sole, qualification for appointments to the Trump administration has been servile loyalty to Trump. But that ethos is not reserved for the executive branch. Law firms, elite universities and media outlets are being forced to kneel before the president. Why should judges be any different?
Trump has a history of suggesting “my judges” — i.e., his appointees — should be loyal to him. That’s why he recently nominated Emil Bove, his former personal criminal lawyer turned political enforcer at the Department of Justice, for a federal judgeship.
The significance of Trump’s attack on the Federalist Society and Leo, for conservatives, cannot be exaggerated. The legal movement spearheaded by the Federalist Society has been the most successful domestic conservative project of the last century. Scholarly, civic-minded and principled, the Federalist Society spent decades developing ideas and arguments for re-centering the Constitution in American law. But now Trump has issued a fatwa that it, too, must bend the knee and its principles to the needs of one man. The law be damned, ruling against Trump is ingratitude in his mind.
Speaking of ingratitude, the irony is that the Federalist Society deserves a lot of credit — or blame — for Trump being elected in the first place. In 2016, the death of Antonin Scalia left a vacancy on the Supreme Court. Many conservatives did not trust Trump to replace him. To reassure them, Trump agreed to pick from a list of potential replacements crafted by the Heritage Foundation and Federalist Society. That decision arguably convinced many reluctant conservatives to vote for him.
In the decade since, the Heritage Foundation has dutifully reinvented itself in Trump’s image. The Federalist Society stayed loyal to its principles, and that’s why the Federalist Society is in Trump’s crosshairs.
Jonah Goldberg is editor-in-chief of The Dispatch and the host of The Remnant podcast. His Twitter handle is @JonahDispatch.
A view of the U.S. Capitol in Washington, D.C., on June 25, 2026. President Donald Trump jolted Republicans during a fiery appearance at the U.S. Capitol on Wednesday, scrapping a housing bill signing ceremony and clashing behind closed doors with a party rebel who challenged him over the Iran war. Trump had been expected to sign the bipartisan housing.
Only Trump doesn’t care about housing
It was August 15, 2024. Then candidate Donald Trump stepped out of his Bedminster, New Jersey, golf club’s columned clubhouse to a gaggle of reporters. He was flanked by tables of groceries and signs showing the rising cost of food. Also on one of the tables was a dollhouse, meant to represent the equally alarming rise in housing prices.
It was a speech about the economy, the single most important issue of the 2024 election cycle, full of promises that went right to the heart of Americans’ anxieties. While former President Joe Biden and then Vice President Kamala Harris were contorting themselves to posture a good economy that just needed more time to recover from the pandemic, Trump was preying on voters’ very real fears of unaffordable gas, groceries, and homes. It was obviously a winning message.
In that speech, Trump promised, “We’re going to open up tracts of federal land for housing construction. We desperately need housing for people who can’t afford what’s going on now.”
As of mid-2023, there had been a housing shortage of nearly four million homes, according to the National Association of Realtors. Americans all over the country were either priced out of buying new homes due to low inventory, trapped in their existing homes by sky-high mortgage rates, or facing exorbitant rent hikes thanks to corporate investors buying up rental properties. Americans needed help, and Trump promised it.
Cut to March of 2026, when Trump reportedly told House Speaker Mike Johnson, “No one gives a sh*t about housing.”
That kind of thinking may explain why Trump this week suddenly announced he was canceling a signing ceremony for the bipartisan “21st Century ROAD to Housing Act,” a housing bill co-sponsored by Sens. Elizabeth Warren and Tim Scott that passed the House 358-32 and was approved in the Senate on Monday.
Trump instead demanded Congress pass the SAVE America Act, his controversial election grievance bill that doesn’t have enough Republican support to get passed in the Senate.
It’s just the latest in a line of policy self-owns where Trump has seemingly intentionally made life more difficult for Republicans hoping to keep their majority. Despite midterm elections occurring in the midst of a blistering economy and an unpopular war, they were surely hoping the housing bill would give them something — anything — to brag about when they returned home to their districts.
And very much to the contrary, Americans do give a sh*t about housing. According to a recent survey by the Bipartisan Policy Center, a whopping 79% say the cost of housing is extremely or very important to them. Eighty-three percent say Congress should take action on the issue — like it just did. Eighty-nine percent say the House and Senate need to work together to pass affordable housing legislation — like they just did. And 63% say they would be more likely to vote for a lawmaker if they helped pass legislation to build more affordable homes and lower housing costs — like they just did.
There aren’t many issues that unite Americans like housing does, and very few bipartisan policy wins Congress can point to, and yet, Trump is holding that bill hostage in order to get his pet project — which doesn’t even have the support of his own party — pushed through.
If you’re trying to make sense of something so nonsensical, as I’m sure many Republican lawmakers are, it’s certainly sad but not actually all that complicated. Trump said what he needed to get reelected and then promptly abandoned his promises in order to pursue his own self-interests, even if those interests are bad for Republicans and bad for voters.
That’s just the kind of guy he is.
S.E. Cupp is the host of "S.E. Cupp Unfiltered" on CNN.