On May 10, President Trump nominated John K. Bush, a corporate lawyer in Louisville, Kentucky, to fill a seat on the Court of Appeals for the Sixth Circuit. Like other recent nominees, he fulfills the President’s pledge to outsource his constitutional role in nominating judges to the Federalist Society, the ultraconservative advocacy group that has taken over the judicial nominations process. Bush has deep ties to the organization, and in fact currently serves as the President of the Federalist Society’s Louisville Lawyers Chapter.
Bush’s nomination also seems designed to fulfill another pledge of the President’s—to weaken Constitutional protections for members of the press, whom the President has called “the enemy of the people.” Bush, like Trump, believes New York Times v. Sullivan, the seminal case that articulated broad protections for members of the press covering public officials and actions, was wrongly decided. Read more