3 days ago
Clarence Thomas' Former Clerk Warns Trump Did Something 'Truly Outrageous'
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A law professor and former clerk to conservative Supreme Court Justice Clarence Thomas called President Donald Trump's decision to publicly turn against the Federalist Society and one of its top figures, Leonard Leo, "truly outrageous."
Trump critized the Federalist Society for "bad advice they gave me on numerous Judicial Nominations" after the U.S. Court of International Trade, which included a Trump-picked judge, ruled the emergency law invoked by Trump did not give him authority to impose sweeping tariffs on other countries. Trump also called Leo a "sleazebag."
"Why would President Trump turn his back on one of his greatest, if not his greatest achievements from the first term, appointing three justices," John Yoo told a Wall Street Journal Opinion podcast released Monday.
Newsweek reached out to Yoo for comment via email and filed a contact request form with the Federalist Society on Wednesday.
Why It Matters
Last week Trump sharply criticized the influential legal group the Federalist Society and Leo, a co-chair of its board and former executive vice president, blaming them for court rulings that blocked his sweeping tariff agenda.
During his first term, Trump took advice from the group in selecting judges, but in a social media post on Thursday, the president took a sharp turn against the group saying he used to trust them "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."
Trump has repeatedly targeted judges and lawyers who oppose him or impede his agenda, including calling for the impeachment of U.S. District Judge James Boasberg after he temporarily blocked deportation flights to El Salvador in March. At the same time, Trump has had a lasting impact on the judiciary, helping to shape a conservative-leaning bench through his appointments.
What To Know
In Monday's episode of the Wall Street Journal Opinion podcast, Potomac Watch, Yoo said it was "truly outrageous to accuse Leonard Leo, one of the stalwarts or the conservative movement, of being something like a traitor and using judicial appointments to advance his own personal agenda."
University of California Professor John Yoo poses for a portrait in downtown San Francisco, California on Fri. April 15, 2016.
University of California Professor John Yoo poses for a portrait in downtown San Francisco, California on Fri. April 15, 2016.
Michael Macor/San Francisco Chronicle via AP
The University of California at Berkeley law professor and constitutional scholar who authored the 2020 book Defender in Chief: Donald Trump's Fight for Presidential Power, reiterated that not only did he find Trump's decision to call out Leo and the Federalist Society "outrageous," but noted that "on a larger political and legal level, I don't understand it."
Trump's Truth Social post calling out Leo and the group, read, "I am so disappointed in The Federalist Society because of the bad advice they gave me on numerous Judicial Nominations," followed a ruling on Wednesday from the U.S. Court of International Trade striking down many of his administration's sweeping tariffs. The three judges on the panel, which ruled that the tariffs went beyond the president's power, included one who was appointed by Trump during his first term—Judge Timothy Reif.
However on Thursday, a federal appeals court temporarily suspended the lower court's order, allowing the White House to continue collecting import levies for now.
Leonard Leo, co-chariman of the Federalist Society board of directors, speaks at the Cambridge Union on March 11, 2025 in Cambridge, U.K.
Leonard Leo, co-chariman of the Federalist Society board of directors, speaks at the Cambridge Union on March 11, 2025 in Cambridge, The Cambridge Union
Yoo continued: "Why would President Trump turn his back on one of his greatest, if not his greatest achievements from the first term, appointing three justices. You named them, Paul, Gorsuch, Kavanaugh, Amy Coney Barrett, which reinforced Justices Alito and Thomas on the Supreme Court in building a really solid regionalist majority, not a conservative majority, not politically Republican majority, but a majority that believes in interpreting the Constitution based on its original meaning."
The Supreme Court's conservative majority has played a pivotal role in recent decisions, most notably the 2022 ruling that overturned Roe v. Wade, the landmark case that had protected abortion rights for nearly 50 years.
Leo is a key financial backer of the New Civil Liberties Alliance (NCLA), which filed a legal challenge against Trump's tariffs. A longtime leader at the Federalist Society, Leo used his networks to help Trump nominate conservative Supreme Court Justices Gorsuch, Kavanaugh, and Coney Barrett.
Yoo has been outspoken against Democratic politicians including former President Joe Biden and spoken favorably about Trump, having previously called for Republican district attorneys to prosecute Democrat officials who had, in his opinion, wronged Trump and his allies, as well as saying Biden's suggested Supreme Court reforms were a "political ploy" that revealed "how radical some of the ideas that Kamala Harris and Joe Biden now are pressing."
What People Are Saying
Mike Davis, founder of the Article III Project, told The Hill: "They [the Federalist Society] abandoned President Trump during the lawfare against him. And not only did they abandon him — they had several FedSoc leaders who participated in the lawfare and threw gas on the fire."
Leonard Leo told The New York Post in late May: "I'm very grateful for President Trump transforming the Federal Courts, and it was a privilege being involved. There's more work to be done, for sure, but the Federal Judiciary is better than it's ever been in modern history, and that will be President Trump's most important legacy."
Stephen Miller, the White House deputy chief of staff for policy, responded to last Wednesday's ruling on X: "The judicial coup is out of control."
Raúl Torrez, the attorney general of New Mexico—one of the states who sued over the tariffs—said in a statement to Newsweek after the ruling: "This ruling is a major victory for our communities, our businesses, and our economy. The Court's decision confirms what we have long argued: these tariffs were imposed unlawfully and will cause real harm to working families, small businesses, and local industries."
What Happens Next
The plaintiffs in the case that led the Court of International Trade to strike down tariffs have to file their papers with a federal appellate court by June 5. The government must reply by June 9.
In the meantime, the U.S. is expecting several final offers from trade partners over individually negotiated deals.
