Justin Smith
---
NOTUS
Leonard Leo speaks to media at Trump Tower in New York City on Nov. 16, 2016.
April 13, 2026
Conservative legal activist Leonard Leo’s “dark money” operation is getting a makeover.
The Concord Fund quietly filed articles of termination on Jan. 6 of this year, according to previously unreported Virginia business records. Leo’s Concord Fund, which was previously known as the Judicial Crisis Network, has for years been a key node in a network of nonprofits used to steer tens of millions of dollars each year to conservative political committees and causes.
A branch of The Concord Fund remains active in Missouri, where it’s spent millions trying to influence state elections in recent years. It’s unclear why The Concord Fund otherwise terminated its operations. Gary Marx, The Concord Fund’s president, did not respond to emails requesting comment on the organization’s status, and a phone number listed on the group’s latest annual report to the IRS was disconnected.
Leo, a lawyer and businessman, is co-chair of the board of directors for the Federalist Society, which has — until recently — had close ties to President Donald Trump and many prominent Republicans.
Other dark money groups with ties to Leo are taking up activities previously undertaken by The Concord Fund. The ultimate source of the money, funneled through nonprofits or donor-advised funds that do not have to disclose their donors, remains obscured.
“Because the names change, I think most Americans have no idea what’s going on or how many of these differently named groups are the same through line with Leonard Leo at the sort of center of the spider web,” Lisa Graves, founder and executive director of the left-leaning watchdog group True North Research, told NOTUS.
The Concord Fund’s demise — and apparent reimagining — appears to have begun late last year.
In December 2025, a few days before The Concord Fund dissolved, another Leo-linked nonprofit called The Lexington Fund registered several alternative names including Judicial Crisis Network and Honest Election Project Action, according to Texas business records.
Also in December, a new nonprofit popped up in Tennessee: The Yorktown Fund. The nonprofit added the alternative name “Honest Election Project Action” on Dec. 29, the same day The Lexington Fund registered the same pseudonym, according to state business records.
Another Leo-linked nonprofit, The 85 Fund, lists the Honest Elections Project among its alternative names. Rolling Stone first reported the addition of the Lexington Fund and the Publius Fund to Leo’s nonprofit network in 2024.
Trump’s nominee to the U.S. Court of Appeals for the 8th Circuit, Justin Smith, disclosed sitting on the board of the Yorktown Fund and the Publius Fund, Patrick McNeil reported for the Substack newsletter Nomination Notes. (Smith’s nomination hearing before the Senate Judiciary Committee is slated for April 15.)
Neither Smith nor Oramel Skinner, director of The Lexington Fund, responded to requests for comment.
At the end of 2024, The Lexington Fund reported just $305,000 in grants and contributions, according to its latest report to the IRS. The Concord Fund has a prior connection to The Lexington Fund, having reported giving it $105,000 from July 2023 to June 2024.
But by the end of 2025, The Lexington Fund had steered millions into political committees that spent big money in state attorneys general races in 2025.
Now, it’s poised to shape 2026 midterm campaigns, particularly those involving state attorneys general.
The Lexington Fund gave $1 million to the Republican Attorneys General Association in July 2025, according to the organization’s year-end report filed March 30, 2026. First Principles Action, which shares an address with The Yorktown Fund, also gave $200,000 to the Republican Attorneys General Association in December.
The Concord Fund had been the top donor to the Republican Attorneys General Association, but the nonprofit suddenly stopped contributing to the organization in 2025. The Lexington Fund appears to be stepping in to help seed the state attorneys general organization — and other conservative committees.
The Lexington Fund also contributed nearly $3.3 million to the First Principles PAC in 2025, according to Federal Election Commission data.
First Principles PAC and First Principles Foundation were incorporated in Tennessee on Nov. 20, 2024, along with First Principles Action. First Principles is reportedly run by Peter Bisbee, who previously worked for the Republican Attorney General Association and the Federalist Society, and all three First Principles entities share an address with Yorktown Fund.
First Principles PAC steered seven-figures worth of money to state election committees in 2025, including $1 million to the Republican State Leadership Committee, $325,000 to Republican James Uthmeier’s successful bid for attorney general of Florida and $252,000 to Defend Kansas PAC.
Bisbee did not respond to requests for comment.
The Lexington Fund also gave $1 million in June 2025 to Pine Tree Results PAC, a super PAC supporting Republican Sen. Susan Collins, who faces a tough reelection campaign this cycle. And Sentinel Action Fund, a super PAC focused on expanding the Republican majority in Congress, received $500,000 from The Lexington Fund in May 2025.
Leo, who played a key role in helping Trump select three Supreme Court justices in the president’s first term, has long been a boogeyman among liberals.
He’s also controversial on the right: When Trump publicly lambasted Leo as “sleazebag” who “probably hates America” last May, Leo appeared unceremoniously shunned from the inner political circle he had once inhabited. The break came as Trump-appointed judges that the Federalist Society helped select — including three sitting Supreme Court justices — have ruled against some of Trump’s second-term policies, such as his sweeping tariffs.
But the nonprofits and political committees within Leo’s dark-money apparatus continue spending aggressively to the benefit of Republicans as the 2026 midterms approach.
The Concord Fund has for years steered millions of dollars of dark money into politics not only through the Republican Attorneys General Association, but also through the Club for Growth, One Nation and other groups active in elections.
Groups at the forefront of advancing conservative policy and priorities also got grants from The Concord Fund. For example, since the Supreme Court in 2022 struck down the federal right to an abortion, The Concord Fund has poured millions into anti-abortion groups involved in state abortion-ban efforts and the decades-long fight at the federal level to restrict access to mifepristone, a drug used to induce abortions.
Dark money is hardly limited to conservatives. Democrats and Republicans both rely on dark money to fund their operations, including super PACs aligned with their respective leadership in the House and Senate.
“It matters when these groups shape shift because it makes it harder for people to track them, you know, and to tell that story of continuity: how much this one person, over the past decade, has had such an extraordinary influence,” Graves told NOTUS.
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NOM NOTES
8th Circuit nominee Justin Smith is deeply entrenched in Leonard Leo’s dark money network
Smith has served on the boards of four groups in Leo’s orbit in recent years.
Mar 31, 2026
In 2023, an organization called American Patriot Fighters, Inc. filed its first and only Form 990 with the primary stated goal of supporting “the research, content development, and public communications related to bias in the mainstream media.” While American Patriot Fighters was incorporated in Delaware, its 990 claims that it was actually based in Missouri — at an address associated with Trump’s personal lawyer, and his nominee to the U.S. Court of Appeals for the Eighth Circuit, Justin Smith.
Smith is listed on the 990 as the president/secretary of its board, and on his Senate Judiciary Questionnaire, he lists himself as an uncompensated board member, from 2023 to 2024, at a Delaware address.
:{Along with Smith, Cabell Hobbs is listed as the organization’s treasurer. Hobbs has been a GOP treasurer for a number of groups, including the Republican State Leadership Committee (RSLC) and the pro-DeSantis group Never Back Down. Chris Jankowski, the former CEO of Never Back Down, is also listed on the board of American Patriot Fighters as its director:{. Jankowski is a longtime Republican operative who was the mastermind behind the GOP partisan gerrymandering strategy Project REDMAP — described as “gerrymandering on steroids” — spearheaded by the RSLC.}:
Jankowski is also linked to Leonard Leo’s network as the “settlor” for Leo’s $1.6 billion trust fund Marble Freedom Trust and as a consultant for Leo’s Judicial Crisis Network — which has been rebranded as the Concord Fund. One spokesperson for Leo’s consulting firm said that “Mr. Leo has known Chris Jankowski for many years and considers him one of the most effective political strategists in the country.”}:
Leo, of course, is the architect of the conservative takeover of the courts who advised Trump on judicial selections during his first term. He has been described as “the man behind the right’s Supreme Court supermajority” — the same supermajority responsible for overturning Roe v. Wade, weakening voting rights, and providing nearly absolute immunity for American presidents.
Justin Smith’s ties to Hobbs and Jankowski in recent years, and to Leonard Leo’s vast dark money network, is not isolated to the brief formation of American Patriot Fighters.
The same year he joined that board, Smith joined Teneo — a confidential network, promising to “crush liberal dominance,” that is open only to members in their 40s or younger. Leo is the network’s chairman.
:{:{The following year, Smith joined the board of the Publius Fund and served as its secretary, according to his Senate questionnaire. The Publius Fund was incorporated as a 501(c)(3) in December 2023 (though it appears that it was dissolved in December 2025), along with a still active (c)(4) arm called the Lexington Fund. During its existence, the Publius Fund had several trade names associated with it, including “Save Our States Fund,” “Judicial Education Project Fund,” “Alliance for Consumers Fund,” and “Honest Elections Project Fund.”}:
These trade names are variations on names registered to other groups in Leo’s network such as the 85 Fund, which registered the trade name “Honest Elections Project,” and the Concord Fund, which first registered the trade name “Alliance for Consumers Action Fund.” (The 85 Fund is the new name for the Judicial Education Project).}:
As Senator Sheldon Whitehouse said in one floor speech, “In this dark money netherworld, the front groups have front groups.”
Publius and Lexington shared a board member named O.H. Skinner, who is the executive director of Alliance for Consumers and who was also listed as counsel for the 85 Fund in 2022. Skinner previously served as Arizona’s solicitor general and has spoken at Federalist Society events. He has also been on the board of And to the Republic, which received more than $10,000 from the Smith-linked American Patriot Fighters at the end of its one year of existence.
Since 2024, Justin Smith has also been on the board of directors of First Principles Action, which received $3.25 million from the Lexington Fund last year. First Principles Action, along with First Principles PAC and Foundation, were registered in Tennessee in November 2024 and is headed by Peter Bisbee, who previously held several roles at the Federalist Society. Bisbee was also the executive director of the Republican Attorneys General Association (RAGA), and until recently their top contributor was Leo’s Concord Fund.
First Principles shares an address in Tennessee with the Yorktown Fund, which was incorporated in December 2025. Justin Smith has also been on its board since last year as treasurer. It filed two trade names — “Alliance for Consumers Action Fund” and “Honest Elections Action Fund” — that were also registered by the Lexington Fund.
This is, admittedly, all very confusing — and that is likely on purpose. These Leo-linked organizations, some which popped up only briefly, often share trade names. Some have been rebranded into another. Some share addresses and board members, like Justin Smith. His presence on the boards of American Patriot Fighters, Publius Fund, First Principles Action, and Yorktown Fund — all within the last few years — should be the subject of questions during his Senate Judiciary Committee hearing in April, when senators will assess whether he is fit for a lifetime seat on a powerful federal appellate court.
“With Trump’s judicial nomination machine moving at breakneck speed, the lower courts are well on their way to being captured by the same moneyed forces that installed the far-right majority on John Roberts’ U.S. Supreme Court to turn our rights back a century. Trump nominee to the 8th circuit, Justin Smith, is a prime example of this,” said Lisa Graves, executive director of True North Research and co-founder of Court Accountability, in a statement to Nomination Notes. “In recent years, Smith has been affiliated with the newest cogs in the court capture operation of Leonard Leo, who hand selected Trump’s list of nominees to the Supreme Court, three of which now constitute the Roberts majority, and who has used a $1.6 billion trust to distort our courts and other key pillars of democracy.”
Senator Whitehouse has called out this $1.6 billion trust — the Marble Freedom Trust — in remarks on the Senate floor:
With this new billion-dollar slush fund, Leo can take those efforts to entirely new levels: more voter suppression, which is the job of Honest Elections Project; more abortion bans, which was the accomplishment of Dobbs; more climate denial, which was powered by West Virginia v. EPA and the earlier EPA decision by the Supreme Court about the Clean Power Plan; more power for corporations, which is, of course, the constant goal of this dark money operation; more disinformation; and more dirty dark money in politics—sluiced around inside this covert apparatus until it gets squirted out through even more phony front groups.
In recent years, Justin Smith appears to have become a key player in some of these organizations — joining those four boards of directors, in addition to Teneo, and working to advance their collective, far-right vision of America.
:{:{He has also taken on a large role in defending the president. Smith is currently one of Trump’s personal lawyers as co-owner of the James Otis Law Group — serving as Trump’s attorney in two high-profile cases before the U.S. Supreme Court. This includes Trump v. United States, where the Court held that presidents have absolute immunity from criminal prosecution for all “official” actions taken within their constitutional authority.}:
His role was so significant that Trump’s Truth Social post announcing Smith’s nomination said that “Justin…played a BIG role in securing a Supreme Court Landmark Victory on Presidential Immunity.” Smith is also currently serving as the attorney of record for Trump in his effort to have the Supreme Court overturn the $83.3 million civil judgment entered against him in the sexual abuse and defamation case brought by journalist E. Jean Carroll.}:
According to Alliance for Justice (AFJ), Smith’s efforts to make Trump king extend beyond his work on the immunity case. He has also supported efforts to challenge the 2020 election results and consistently works to protect the rich and powerful at the expense of everyone else. At the James Otis Law Group, he has also worked against transgender rights on multiple occasions. As AFJ notes:
Smith represented the American College of Pediatricians (deemed a hate group by the Southern Poverty Law Center) in an amicus brief defending the Missouri Save Adolescents from Experimentation (SAFE) Act. The so-called “SAFE” Act banned medically necessary gender affirming care for minors as well as any Medicaid coverage of those treatments. He also defended Arizona’s attempt to ban transgender girls from competing in high school sports consistent with their gender identity.
Smith has also appeared on a brief with one of the Publius Fund’s contractors, the Holtzman Vogel law firm, when they — working against abortion access — sought to intervene in an Arizona case, Isaacson v. Arizona.
On his Senate questionnaire, Smith also disclosed work at a still active LLC called Pervinco LLC, which shares the same Missouri address as the one listed on American Patriot Fighters’ Form 990. Smith lists himself as “self-employed” at the corporation from 2023 to 2025.
Pervinco, according to the Missouri campaign finance database, received $10,559.27 from Defend Missouri in 2023 and $4,259.26 in 2024. Pervinco also received $25,000 from Club for Growth Action - Missouri Federal Committee in 2023, and $10,000 from them in 2024. Defend Missouri received $500,000 from Leo’s Concord Fund in 2023 and $2.5 million from Concord in 2024 — and donated $3 million to Club for Growth Action Missouri. Money moved back and forth between these two entities, according to local media.
This is just a cursory review of Justin Smith’s deep ties to Leonard Leo’s network, his legal representation of Trump, and his work in opposition to civil and human rights. Still, it is alarming — and other journalists, researchers, organizations, and Senate offices should continue this examination.
Since 2023, Smith has become co-owner of one of Trump’s go-to law firms, joined the Teneo network, and assumed roles on the boards of four interconnected organizations in Leo’s orbit.
Why?
Who else has he been working with — and what else has he done?
All senators must ask questions, raise concerns, and determine whether they’re comfortable installing this man to serve for life in the federal judiciary — where the American people depend on judges to be independent, fair, and impartial.
Lisa Graves of True North Research warned of what could come next if Smith — who Trump hailed as “a true America First Fighter” — is confirmed to the bench.
“If Smith and other Trump extremist nominees are confirmed, the 8th circuit is likely to join the ranks of the notorious 5th circuit in becoming a judge shopping venue for dark money groups and other authoritarian special interests who file their cases with the certainty that, no matter the judge, their regressive agenda will prevail in that district,” Graves said. “A vote to confirm Smith, is a vote for the billionaires set on turning back our freedoms and corrupting our democratic system.”
Based on when his questionnaire was signed and transmitted to the Senate, Justin Smith will likely appear for his confirmation hearing before the Senate Judiciary Committee on Wednesday, April 15.
If you have additional information to share, please reach out to patrick@nominationnotes.com or patrickm.87 on Signal.
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afj
AFJ OPPOSES
Circuit Court
COURT Justin Smith
Nominee to the U.S. Court of
Appeals for the Eighth Circuit
DATE NOMINATED
February 18, 2026
INTRODUCTION
On February 18, 2026, President Trump nominated Justin Smith to serve on the U.S. Court of Appeals for the Eighth
Circuit. Smith is no exception to the Trump-nominee formula: deeply entrenched with right-wing causes and
connections, concerning views on a range of civil rights issues that affect everyday people, and, above all else, an
unwavering loyalty to Trump's vindictive authoritarian agenda, no matter the cost to those he is meant to serve.
Smith's nomination to the Eighth Circuit would come as a concern at any time: Circuit court judges hear cases that
affect everyday people across multiple states, and these judges' opinions often serve as the final say on significant,
:{substantive, and complicated areas of the law.
But especially as the Supreme Court continues to narrow the number}:
of cases it hears year over year, Smith has the unprecedented opportunity to transform what are now, extremist, on
the margin viewpoints, into the bedrock of legal decisions that will control the lives of those in Missouri, lowa, North
Dakota, South Dakota, Nebraska, Arkansas, and Minnesota.
The forecast becomes more dire when we consider how much damage Smith could cause if confirmed: in recent
months, the Eighth Circuit has already heard cases that affect the rights of everyday people to engage in peaceful
protest, that drive our policies and ability to limit immigration enforcement in this country, that balance and rebalance
the interplay between federal power and state rights, and that determine who can vote, how they can vote, and
whether individuals can even sue when those voting rights are violated.
And there are many more cases that are likely to reach Smith's desk, which give him a golden opportunity to entrench
his ideology and weave his legacy of hate, violence, and mistrust. ICE just left the city of Minnesota after months-long
occupation, where agents regularly illegally detained, surveilled, and used force against immigrants who they were
trying to detain and the peaceful protestors who came out to support their neighbors After the shooting of Renee
Good and Alex Pretti, many took the street to oppose ICE's presence and behavior, and over 400 lawsuits have
already been filed over wrongful detentions. Smith will be the one who will determine the fate of many of these
everyday people, often acting as the final opportunity for justice for those who are seeking to become whole after
their rights have been violated or they have been harmed at the hands of state violence.
afj.org Alliance for Justice |1
AFJ OPPOSES JUSTIN SMITH
Introduction (continued)
Unfortunately, circuit court judges will always have the opportunity to have an outsized impact on issues important to
us, including, but not limited to voting rights, civil rights, LGBTQ+ rights, access to reproductive care, immigration,
environment justice, criminal justice, corporate accountability, checks and balances, gun safety, Native rights,
economic justice, and more. But Smith is joining the Eighth Circuit at a time when many of these issues will
undoubtedly appear before him and there is no doubt he will use this opportunity to serve the one person he has
always served: Trump.
Biography
he
at
:{Justin Smith received a B.A. in Political Science from the University of Missouri-Kansas City in 2007.
In 2010,}:
graduated with a J.D. from the University of Missouri-Columbia. After graduating, Smith worked as an associate
Shook, Hardy, & Bacon. He then joined the Missouri Governor's Office, where he served as deputy counsel. Smith
then worked as general counsel in the Missouri Department of Agriculture before transitioning to the Missouri
Attorney General's Office, where he held several positions: assistant deputy attorney general for special litigation,
deputy attorney for special litigation, chief of staff, and finally first assistant. Smith then worked as senior advisor in the
U.S. Senate for three months before joining as an associate at James Otis Law Group, an infamous far-right law firm
with a track record of advancing conservative agendas across a litany of issues. Smith currently co-owns the firm.
HELPS TRUMP EVADE ACCOUNTABILITY
Since joining the James Otis Law Group in 2023, Smith has served as Trump's personal lawyer in two high-profile
cases before the U.S. Supreme Court. The first was Trump v. United States (2024), in which the Court held that the
president has absolute immunity from criminal prosecution for all “official” actions taken within their constitutional
authority. Smith played a central role in the case, taking primary responsibility for drafting the merits briefs and leading
the preparation for oral argument. In his Truth Social post announcing Smith's nomination, Trump recognized Smith's
significant contribution, stating that "Justin...played a BIG role in securing a Supreme Court Landmark Victory on
Presidential Immunity."
Buoyed by this victory, Smith is now serving as the attorney of record for Trump in his effort to have the Supreme
Court overturn the $83.3 million civil judgment entered against him in the sexual abuse and defamation case brought
by journalist E. Jean Carroll. While acting in this capacity, Smith has engaged in some truly reprehensible behavior. In
his petition for certiorari to the Court, Smith alleged that Carroll lied about the sexual assault and based her narrative
on the storyline of a 2012 Law and Order: SVU episode. Smith egregiously misrepresented the events portrayed in
the episode to better match up with Carroll's account.
Smith's nomination to the Eighth Circuit may stem from Smith's demonstrated willingness to bend the facts on
Trump's behalf. It also continues a disturbing trend of Trump rewarding his personal attorneys and loyalists with
afj.org Alliance for Justice 12
AFJ OPPOSES JUSTIN SMITH
HELPS TRUMP EVADE ACCOUNTABILITY (continued)
powerful positions in his administration and the federal judiciary. In 2025, Trump installed fellow James Otis lawyers
D. John Sauer and Will Scharf as Solicitor General and White House staff secretary, respectively.
OPERATES IN FAR-RIGHT CIRCLES
Like many of Trump's previous judicial nominees, Smith has served on the board of directors of several dark-money,
far-right organizations, including the Publius Fund, the Yorktown Fund, First Principles Action, and the American
:{Patriot Fighters, Inc.
The Publius Fund and First Principles Action in particular have deep ties to Leonard Leo, the}:
architect of the conservative legal movement's decades-long campaign to reshape the federal judiciary, and Neil anp
Ann Corkery, key financiers of the far-right legal movement. By serving as a board member in these organizations,
Smith demonstrates a continued commitment to advancing harmful right-wing agendas across a litany of issues,
including gutting civil rights protections, diluting voting rights, restricting access to reproductive care, and attacking
some of the most marginalized communities in the country.
АТТACKS REPRODUCTIVE RIGHTS
Smith has spent his career advancing anti-abortion, extremist beliefs. During his tenure at the James Otis Law Group,
Smith defended the Arizona Legislature's attack on reproductive freedom that violated the state's constitution. In
2024, Arizonans overwhelmingly voted in favor of Proposition 139, the Arizona Abortion Access Act, which enshrined
the right to abortion into the state constitution. Following the measure's passage in 2025, health care providers filed
suit to strike down state laws that violated the new constitutional guarantee. Republican lawmakers led the legal effort
to defend the challenged restrictions: a ban on abortion care via telehealth, a ban targeting certain reasons for
seeking care, and a law requiring people to make multiple, unnecessary trips to a health care provider before being
able to receive care.
Smith advocated for these burdensome restrictions to block access to abortion care. Ultimately, an Arizona state
superior court rejected Smith's arguments and ruled in favor of protecting Arizonans' right to abortion. Had Smith
prevailed, Arizonans would have faced telehealth bans, reason-based restrictions, and medically unnecessary barriers
to care — all in direct violation of rights voters enshrined in their state constitution.
Earlier in his career at the Missouri Attorney General's Office, which has led many national attacks on abortion access,
Smith was one of the attorneys of record in Doe by Next Friend Rothert v. Chapman (8th Cir. 2022). In 2018, 17-yearold Jane Doe sought to access abortion care in Missouri. At the time, Missouri prohibited minors under the age of
eighteen from undergoing an abortion without the written consent of at least one parent or guardian. A minor could
bypass this consent requirement if they could show a court either (1) they were "sufficiently mature” to make the
decision themselves or (2) an abortion was in their "best interests."
afj.org Alliance for Justice | 3
AFJ OPPOSES JUSTIN SMITH
ATTACKS REPRODUCTIVE RIGHTS (continued)
When Doe sought a judicial bypass, the circuit clerk of her county courthouse told her that the court was required to
notify her parents of the hearing. Doe eventually obtained a judicial bypass in neighboring Illinois and had an
abortion. Later, Doe sued the clerk for violating her Fourteenth Amendment rights, and the case ultimately reached
the Eighth Circuit, where Smith argued that the clerk was shielded by quasi-judicial immunity and qualified immunity.
The Eighth Circuit rejected both arguments, citing Supreme Court and Eighth Circuit precedents that clearly
established requiring parental notice of a judicial bypass hearing unduly burdened pregnant minors. Had the Eighth
Circuit sided with Smith, minors' access to abortion in Missouri without parental interference would have been
significantly restricted.
In this same capacity, Smith defended an eight-week abortion ban and a ban targeting certain reasons for seeking
abortion care. In 2019, Missouri passed its most restrictive abortion ban with the signing of House Bill No. 126,
banning abortion past eight weeks and restricting grounds on which someone could seek abortion care. The Eighth
Circuit Court of Appeals eventually blocked enforcement of both restrictions. Smith challenged the lower courts'
findings that the bans were unconstitutional and requested the Supreme Court to intervene, but the Court refused to
consider the case.
Had Smith prevailed, the only abortion option for Missourians past eight weeks gestation would have been to travel
outside the state to access care. Many people - including low-income people, people who already had children,
people without paid vacation or time off, and young people - would likely have been unable to travel, forcing them to
carry an unintended pregnancy to term against their will. Similarly, bans on certain reasons people seek care are often
accompanied by performative concern, particularly for people with disabilities. Whether or not to continue a
pregnancy or raise a child is a serious consideration that should be made by the pregnant person and their loved
ones, informed by medically accurate information from their provider - not politicians.
VEHEMENTLY OPPOSES LGBTQ + RIGHTS
Smith has a track record of wielding his power to attack those who are marginalized, and he seems particularly intent
on targeting those in the LBGTQ+ community. Smith is currently a co-owner of the far-right law firm James Otis Law
Group, where Smith regularly uses his power and influence to attack LGBTQ+ individuals. For example, Smith is
currently serving as lead counsel in a case defending the Arizona Legislature after they passed a law targeting
transgender students, ensuring that transgender girls were excluded from competing on school sports teams at every
grade level. The district court sided with transgender girls and their parents, and awarded them a preliminary
injunction, stopping the law from going into effect during the course of the litigation. Smith fought back, filing an
emergency motion, arguing that cisgender girls would be harmed if they were to play sports with transgender girls,
but that the transgender girls faced no harm if they were kept off the sports teams.
afj.org Alliance for Justice | 4
AFJ OPPOSES JUSTIN SMITH
VEHEMENTLY OPPOSES LGBTQ+ RIGHTS (continued)
But Smith didn't stop there. Smith took the case all the way to the U.S. Supreme Court, submitting briefs that showed
little regard for the humanity of those who he was targeting: he regularly misgendered students in his briefs, using the
terms, "biological boys" and "biological males." The Eighth Circuit has over 650,000 LBGTQ+ people, and Smith's
behavior shows he cannot treat those people with the respect, dignity, decorum, and consideration they are entitled
to and deserve. This should preclude him from serving in a lifetime position on the judiciary, especially one which
serves over 67 million people.
Smith also represented a known hate group, the American College of Pediatricians. After Missouri passed a law that
banned gender affirming care for youth, Smith penned an amicus brief in support of the law arguing that allowing
transgender youth access to gender affirming medical care would entrench a mental health condition of "gender
incongruence." Smith also rested his argument on the idea that the only appropriate treatment for transgender youth
was to "affirm" their sex assigned at birth, also known as conversion therapy, a dangerous and discredited
pseudoscientific "therapeutic" method used to force LGBTQ+ individuals to conform to heterosexual and cisgender
norms. Peer-reviewed studies continue to show that LGBTQ+ youth subjected to conversion therapy are more than
twice as likely to attempt suicide.
Smith has built a career on loudly fighting against LBGTQ+ people having equal rights and protection under the law.
The people of the Eighth Circuit deserve better than an ideologue who will use his power to harm those who he is
meant to serve.
SIDES WITH BIG CORPORATIONS
Smith not only attacks marginalized people, but he also makes a point to use his position to defend, protect, and
bolster corporations, the rich, and the powerful. While working for Governor Greitens, Smith supported efforts to
weaken unions with "right-to-work" legislation that takes away workers' ability to collectively bargain for fair wages,
benefits, and respect on the job. In his other roles working in the Missouri government, Smith also advanced policies
that were explicitly friendly towards Big Oil and fossil fuel producers. Smith stood in the way of public efforts to
implement common-sense environmental regulations. Smith's work means that Missourians have had less access to
safe drinking water and must bear the effects that result from the continued use of known toxic pesticides, which can
lead to a range of poor health outcomes including cancer and Parkinson's.
Smith has also used his government role to help weaken Missouri's Clean Water Commission, a body that helps
ensure that standards for water quality are enforced and issues permits for farmers, industrial facilities, and livestock.
He also has challenged a Federal Energy Regulatory Commission requirement that would force the cost of carbon be
considered prior to the approval of any additional new natural gas pipelines.
afj.org Alliance for Justice | 5
AFJ OPPOSES JUSTIN SMITH
SIDES WITH BIG CORPORATIONS (continued)
Smith's work on these issues just continues to what energizes his career: a vehement and incessant need to attack
the institutions, rules, and systems that help protect everyday people. Across all substantive issue areas, Smith proves
that he is incapable of being a neutral arbiter of the law, but instead will use his power to advance his personal
interest and agenda.
CONCLUSION
Justin Smith is a Trump loyalist, who, as reward for using his power to carry out Trump's bidding, has received a
nomination to one of the most influential and important judicial positions in our country. This is an unacceptable
exchange, and highlights why we must continue to advocate for federal judicial nominees who are objective, fairminded, and unwilling to bargain their independence to gain a position of power. The people of the Eighth Circuit, and
all others who will be impacted by Smith's decisions, deserve a judge who will uphold the law, not uphold an
inappropriate and damaging loyalty bond to a President who regularly shows no respect for the judiciary and the
everyday people whose lives are impacted by it.
afj.org Alliance for Justice 16
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DUCK 4 26
notus.org
https://www.notus.org › money › leonard-leo-concord-fund-dark-money-elections
'Dark Money' Kingpin Leonard Leo Revamps Operation Ahead of Midterms
2 days agoRolling Stone first reported the addition of the Lexington Fund and the Publius Fund to Leo's nonprofit network in 2024. Trump's nominee to the U.S. Court of Appeals for the 8th Circuit, Justin Smith, disclosed sitting on the board of the Yorktown Fund and the Publius Fund, Patrick McNeil reported for the Substack newsletter Nomination Notes.
nominationnotes.substack.com
https://nominationnotes.substack.com › p › 8th-circuit-nominee-justin-smith
8th Circuit nominee Justin Smith is deeply entrenched in Leonard Leo's ...
Mar 31, 2026Smith has also appeared on a brief with one of the Publius Fund's contractors, the Holtzman Vogel law firm, when they — working against abortion access — sought to intervene in an Arizona case, Isaacson v. Arizona.
Law.com
Democrats Press Trump's 8th Circuit Pick on His Independence - Law.com
TodayDemocrats Press Trump's 8th Circuit Pick on His Independence Justin Smith, an attorney at the boutique firm James Otis Law Group, represented Trump in his failed efforts to overturn a 2023 jury ...
Law360
https://www.law360.com › articles › 2465678 › trump-s-8th-circ-pick-pressed-on-leonard-leo-ties
Trump's 8th Circ. Pick Pressed On Leonard Leo Ties - Law360
TodayNominee Justin Smith is a co-owner at James Otis Law Group LLC. He previously held a variety of posts at the Missouri attorney general's office.
AFJ
https://afj.org › wp-content › uploads › 2025 › 03 › Justin-Smith-Report.pdf
Justin Smith Factsheet - afj.org
Patriot Fighters, Inc. The Publius Fund and First Principles Action in particular have deep ties to Leonard Leo, the architect of the conservative legal movement's decades-long campaign to reshape the federal judiciary, and Neil and Ann Corkery, key financiers of the fa
The Federalist Society
The Federalist Society
The Federalist Society at ASU Law hosted the 45th National Student Symposium on March 13-14, 2026. The theme, Liberty Rising: The Rebirth of Free Markets, Free Speech, and Federalism, reflects the enduring principles of the American Founding and the spirit of renewal embodied by the symposium's setting.
Wikipedia
https://en.wikipedia.org › wiki › Leonard_Leo
Leonard Leo - Wikipedia
Leonard Anthony Leo (born November 1965) is an American lawyer, businessman, and conservative legal activist. He was the longtime vice president of the Federalist Society and is currently, along with Steven Calabresi, the co-chairman of the organization's board of directors. Leo has created a network of influential conservative legal groups funded mostly by anonymous donors, including The 85 ...
POLITICO
Inside the split between MAGA and the Federalist Society
May 30, 2025Leonard Leo and the Federalist Society used to advise Trump on judges. Now the president and his most loyal allies are going after them.
Alternet.org
https://www.alternet.org › dick-durbin-federalist-society
Right-wing judicial activist Leonard Leo refusing to comply with Senate ...
Apr 12, 2024Because of his work with the Federalist Society — first as vice president, now as co-chairman of their board of directors — attorney Leonard Leo has played a major role in pushing the United ...
NPR
https://www.npr.org › 2024 › 11 › 24 › nx-s1-5199049 › federalist-society-conservative-supreme-court
Federalist Society's Leonard Leo wants to 'crush liberal ... - NPR
Nov 25, 2024Leonard Leo of the Federalist Society helped overturn abortion rights. He spoke to Morning Edition about the Teneo Network's plan to disrupt Hollywood and other perceived centers of liberal thinking.
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