The Judiciary as the Last Bastion of Intellectual Conservatism

The Judiciary as the Last Bastion of Intellectual Conservatism

February 20, 2026 · 14 min

About this episode

Richard Hanania discusses the implications of judicial decisions and the role of the judiciary in conservatism, particularly in relation to the Trump administration.

This is a free preview of a paid episode. To hear more, visit www.richardhanania.com I just did a livestream during which I read through the decision in Learning Resources, Inc. v. Trump . To get the full benefit of this stream, you should watch the video, as I highlight text as I read. I share some thoughts about reading judicial decisions as a general matter, and Supreme Court justices functioning as philosopher kings. Topics addressed throughout the video include the logic of the IEEPA, the major questions doctrine, how much you should read into these opinions the justices’ views of the underlying policy, and the extent to which Trump can achieve the same results through different statutory authority. I argue that by changing the status quo, the Supreme Court has made the lives of Trump officials much more difficult. I also explain why the judiciary is the one part of conservatism beyond the president’s ability to shape at will. In the first administration, Trump regretted most of his major appointments. Right-wing media has also been remade in his image, as has Heritage. This time around, he can have all new people in the executive branch, but he’s still stuck with those he…

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