Michael Fragoso

Fellow

Michael A. Fragoso is a fellow at the Ethics and Public Policy Center in the Constitution, the Courts, and the Culture Program, where he writes and speaks on issues relating to the law, the federal judiciary, and Congress. His writing has appeared in The Wall Street Journal, National Review, The Harvard Journal of Law & Public Policy: Per Curiam, and elsewhere.

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Michael A. Fragoso is a fellow at the Ethics and Public Policy Center in the Constitution, the Courts, and the Culture Program, where he writes and speaks on issues relating to the law, the federal judiciary, and Congress. His writing has appeared in The Wall Street Journal, National Review, The Harvard Journal of Law & Public Policy: Per Curiam, and elsewhere.

Fragoso, an attorney in private practice, has served in all three branches of the federal government. He was most recently chief counsel in the Office of the Republican Leader, Sen. Mitch McConnell (R-KY), where he served as Sen. McConnell’s primary legal advisor and was responsible for, among other things, judicial nominations, immigration, antitrust, constitutional law, and legal issues relating to the Senate and national security.  

For the last decade Fragoso has played a central role in judicial confirmations. He was chief counsel for nominations and constitutional law for Senate Judiciary Committee Ranking Member Chuck Grassley (R-IA) and Chairman Lindsey Graham (R-SC), under whose chairmanship he was responsible for the committee’s consideration of Justice Amy Coney Barrett and over eighty lower-court nominees. He also served as deputy assistant attorney general for nominations in the Department of Justice’s Office of Legal Policy, where he directed the Department’s work on over a hundred judicial nominations.  

Before his time at the Department of Justice, Fragoso had a variety of positions in the office Sen. Jeff Flake (R-AZ), eventually serving as legislative director and chief counsel to the Judiciary Committee’s Subcommittee on Privacy, Technology, and the Law. In those roles he managed the judicial-selection process for Arizona, led Sen. Flake’s work on the Tax Cuts and Jobs Act, and orchestrated the successful repeal of the FCC’s data-privacy rule via the Congressional Review Act. 

Fragoso started his career as a litigation associate at Kirkland & Ellis LLP and as a law clerk to the Hon. Diane S. Sykes on the U.S. Court of Appeals for the Seventh Circuit. He received his J.D. from Notre Dame Law School, where he was executive articles editor of the Notre Dame Law Review and president of Jus Vitae, and his A.B. in Classics from Princeton University.  

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The legal move that could stop anti-Trump lawsuits in their tracks

Michael Fragoso

Trump’s enemies are weaponizing the courts — again. But a rarely used legal tool could strip district court judges of their power. Will the Justice Department use it?

Articles

The Blaze / March 19, 2025

Why Trump’s Judicial Picks Should Look Different In 2025 Than They Did In 2017

Michael Fragoso

The kind of clerked-for-four-justices-and-the-Pope, writes-poetry-about-calculus nominees Trump needed last time aren’t necessary politically. If Trump wants a tie to go to conservatism and not credentialism, it can.

Articles

The Federalist / March 19, 2025

The Supreme Court Should Step in to Curb Activist Judges

Michael Fragoso

An order to turn back deportation flights carrying alleged Tren de Aragua members midair shows why the Justices should act now to prevent a constitutional crisis.

Articles

City Journal / March 19, 2025

In Defense of Amy Coney Barrett: An Examination of Her Record

Michael Fragoso

Justice Barrett’s presence has fundamentally shifted the center of the Court. For decades, conservatives could only win by fitting their cases into the politically liberal framework of Anthony Kennedy. Now—thanks to Barrett—the path to victory is to fit it into the judicially conservative framework of Antonin Scalia. That alone is a political and jurisprudential victory, even if it doesn’t result in litigation victories in all cases.

Articles

Public Discourse / March 17, 2025

In Defense of Amy Coney Barrett: Why She Was Nominated to the Supreme Court

Michael Fragoso

Republicans couldn’t have filled the seat without Justice Barrett. Mitch McConnell knew this, and for that reason insisted that she needed to be the nominee.

Articles

Public Discourse / March 16, 2025

Winning a shutdown

Michael Fragoso

While congressional leadership works to extend current government funding past its looming deadline, Democrats are threatening to prevent any stopgap…

Articles

Washington Reporter / March 6, 2025

Trump Must Shut Out the American Bar Association

Michael Fragoso

The administration should remove the increasingly left-wing organization from the judicial-nominating process.

Articles

City Journal / March 3, 2025

Liberal trial judges, not Donald Trump, are inviting a constitutional crisis

Michael Fragoso

Ever since President Donald Trump returned to office like a whirling dervish, issuing sweeping and potentially transformative orders about the…

Articles

Washington Reporter / February 11, 2025

When Judges Should Hang Up Their Robes

Michael Fragoso

Staying too long can damage a legacy.

Articles

National Review / January 31, 2025

By Ruling on TikTok, the Supreme Court Inadvertently Kept It Alive

Michael Fragoso

Had SCOTUS simply denied the emergency-docket application, things would have had the chance to proceed normally, and TikTok would have been held to account.

Articles

National Review Online / January 31, 2025

The Washington Lawyers Who Suddenly Love Trump

Michael Fragoso

Firms that blacklisted his officials in 2020 are now claiming special expertise to work with them in 2025.

Articles

Wall Street Journal / January 21, 2025

Joe Biden’s Final Attack on the Courts

Michael Fragoso

In the end, Biden’s decision to veto the JUDGES Act can only be explained as a petty act of revenge against his predecessor and successor, President-elect Donald Trump. Republicans would do well to remember his partisan gracelessness next Congress when Democrats invariably make high-minded, self-interested appeals in the judicial wars.

Articles

The Public Discourse / January 9, 2025