During the first term of President Donald Trump, the selection of judges was largely delegated to the Federalist Society, a conservative legal organization founded 43 years ago, and its then-executive vice president, Leonard Leo. However, following instances where some appointed judges did not rule in favor of his policies, Trump publicly criticized the organization, labeling Leo a "sleazebag" and claiming he received "bad advice" from the Society.

At the recent annual lawyers' convention of the Federalist Society in Washington, D.C., attended by numerous federal judges and key Trump allies, the organization's ongoing influence was evident. Supreme Court Justices Brett M. Kavanaugh and Amy Coney Barrett addressed attendees, while Justice Samuel A. Alito Jr. was present among the crowd of approximately 2,300 participants.

Despite this gathering, it remains uncertain whether the Federalist Society is prepared to fully endorse the more aggressive legal strategies advocated by Trump, as evidenced by remarks from Todd Blanche, the deputy attorney general, and Chad Mizelle, a former high-ranking Justice Department official, who criticized judges that opposed Trump’s agenda.