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Jason Willick On The Courts Under Trump

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Feb 6, 2026

Guest

Jason Willick

Jason Willick, a Washington Post columnist who writes on law and politics and a former Wall Street Journal editorial writer. He discusses how the courts reacted across two Trump terms. They cover DOJ independence, the Supreme Court immunity fight, the politics of prosecuting a president, immigration and deterrence strategies, and the magnetic pull of power and patronage.

47:19

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ANECDOTE

Formative Palo Alto And Influential Mentors

Jason Willick grew up in Palo Alto, son of a physician and a Stanford physics professor.
He credits Francis Fukuyama and Walter Russell Mead for shaping his center-right worldview.

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ANECDOTE

Starting At The American Interest

Willick's first job was at The American Interest under Walter Russell Mead.
He wrote on the via media blog and learned Mead's frameworks like Jacksonian/Hamiltonian foreign policy types.

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INSIGHT

Court's Changing Role Over Trump's Terms

The Supreme Court's stance on presidential power evolved: early rulings limited Trump but later decisions and appointments shifted outcomes.
Jason Willick argues the first term saw more legal setbacks for Trump, while later terms benefited from strategic appointments and weakened checks.

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Jason's Background and Palo Alto Upbringing

02:43 • 1min

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Finding Conservatism in Blue America

03:52 • 2min

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Early Career: The American Interest and Mentors

06:03 • 4min

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Small Magazines, Intellectual Traditions, and Decline

10:00 • 2min

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Young Conservatives and the 2016 Primaries

11:45 • 1min

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Court Responses to Trump Over Two Terms

13:03 • 5min

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Mueller, Immunity, and DOJ Independence

18:27 • 2min

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When the President Controls Justice

20:47 • 4min

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Supreme Court Timing and the Immunity Decision

24:50 • 3min

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Democratic 'Lawfare' and Political Backfire

28:00 • 2min

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The Limits of Legalism in Politics

29:43 • 3min

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Immigration, Border Policy, and Political Consequences

32:52 • 5min

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Deterrence Strategy and Escalation of Policies

38:09 • 3min

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Power, Patronage, and the Allure of the Inner Circle

41:00 • 4min

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Roberts Court, Tariffs, and Institutional Collapse

• Mentioned in 3 episodes

Special providence

Walter Russell Mead

In 'Special Providence', Walter Russell Mead explores the complexities of American foreign policy by identifying four distinct historical patterns: Hamiltonian, Jeffersonian, Jacksonian, and Wilsonian. These approaches have shaped U.S. foreign policy debates since the American Revolution, contributing to the country's global influence. Mead argues that these diverse impulses have been key to America's success on the world stage.

#401

• Mentioned in 72 episodes

The end of history

Francis Fukuyama

In 'The End of History and the Last Man', Francis Fukuyama posits that with the ascendancy of Western liberal democracy following the Cold War and the dissolution of the Soviet Union, humanity has reached the end point of its ideological evolution. Fukuyama draws on the philosophies of Hegel and Marx, arguing that history is a linear progression towards liberal democracy, driven by the mechanisms of natural science and the human desire for recognition (thymos). He contends that liberal democracy satisfies every man’s thymotic longing for dignity and recognition, making it the final form of human government. However, Fukuyama clarifies that this does not mean the end of historical events or conflicts, but rather that all future developments will be within the framework of liberal democracy.

#11423

• Mentioned in 4 episodes

God and gold

Walter Russell Mead

In 'God and Gold', Walter Russell Mead explores the historical and cultural factors that have contributed to the dominance of Britain and the United States. He argues that the synergy between Protestantism and capitalism has been crucial in their rise to global power. The book examines the evolution of Anglo-American influence from Oliver Cromwell to George W. Bush, highlighting both successes and challenges faced by these nations.

#5871

• Mentioned in 8 episodes

Political order and political decay

From the Industrial Revolution to the Globalisation of Democracy

Francis Fukuyama

In this book, Francis Fukuyama continues his exploration of the formation and decay of political societies, begun in 'The Origins of Political Order'. He examines the development of modern political institutions from the French Revolution to contemporary times, including the impact of industrialization, colonialism, and the rise of global democracy. Fukuyama argues that a well-functioning modern state requires a balance between a strong, efficient state, the rule of law, and democratic accountability. He critiques the current state of American politics, highlighting issues such as 'vetocracy' and the judicialization of political processes, which he believes contribute to political decay. The book also explores case studies from various regions, including Europe, Asia, and Latin America, to illustrate different paths of political development and decay.

This is a free preview of a paid episode. To hear more, visit andrewsullivan.substack.com

Jason is a columnist at the Washington Post who writes about law, politics, and foreign policy. He used to be an editorial writer and assistant editorial features editor for the Wall Street Journal, and before that he was a staff writer and associate editor at The American Interest.

For two clips of our convo — on whether SCOTUS has surrendered to Trump, and the failures of his own lawfare — head to our YouTube page.

Other topics: growing up in liberal Palo Alto; raised by a doctor and a physics prof at Stanford; Fukuyama a formative prof and Walter Russell Mead a formative boss; conservatives mags that fell apart under Trump; the GOP primaries in 2016; Hillary’s denialism after her terrible run; Russiagate; Watergate; the politicization of DOJ; Trump suing the IRS; Comey and obstruction of justice; how Alvin Bragg and Jack Smith helped Trump; the January 6 pardons; the ICE paramilitary; the latest Epstein document dump; the power network around him, including “populist” Bannon; the SCOTUS immunity ruling; the delayed tariff ruling; Trump’s b******t “national emergencies” and the 1977 law; CECOT; Abrego Garcia and Ozturk; Biden and student loans; Jerome Powell and Lisa Cook; Gabbard in Fulton County; Thom Tillis vs Trump; the US vs NATO; Ukraine and Putin; Trump soft on China; bombing Iran and Nigeria; invading Venezuela; crypto corruption and the UAE chips deal; Jimmy Kimmel and the FCC; Ed Martin out; and Trump’s success at bullying institutions.

Browse the Dishcast archive for an episode you might enjoy. Coming up: Zaid Jilani on the Dems, Derek Thompson on abundance, Matt Goodwin on the UK political earthquake, Kathryn Paige Harden on the genetics of vice, Tiffany Jenkins on privacy, and Michael Pollan on consciousness. Please send any guest recs, dissents, and other comments to dish@andrewsullivan.com.

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