Plan launched to further use of the courts to oppose Trump's agenda
Monday, February 16, 2026
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The American Constitution Society (ACS) has launched a plan to expand the use of courts to oppose President Trump's agenda, with new President Phil Brest aiming to build on his success in helping nominate 235 federal judges under former President Joe Biden.
According to Toobin, judges appointed by Democratic presidents have proven to be an effective resistance to Trump's policies, with Biden-appointed judges ruling in support of Trump's policies only 25% of the time, compared to 92% for Trump-appointed judges.
The ACS's efforts are modeled after the Federalist Society, which has successfully pushed the US courts to the right since its founding in 1982, with Toobin arguing that Democrats can achieve similar results by adopting a clear agenda and taking a proactive approach to shaping the federal courts.