Thomas Hardiman, a judge on the 3rd U.S. Circuit Court of Appeals, made what should have been viewed as a shocking declaration for a federal judge. Hardiman told the crowd at the 2018 Federalist Society Convention: “If I were able to do something unilaterally, I would probably institute a new federal rule that said that all cases worth less than $500,000 will be tried without any discovery.” The audience applauded. A fellow panelist, Judge Amul Thapar of the 6th Circuit, chimed in, “Can I say amen?” Thapar later repeated his endorsement of the idea.

More than just an ideologically radical opinion, Judge Ho’s dissent from the full United States Court of Appeals for the Fifth Circuit’s decision not to rehear Zimmerman v. City of Austin is a monument to conservative political rhetoric and right-wing historical myths. It’s the sort of commentary one would expect to find in an especially strident political magazine — perhaps one of the publications one of Ho’s current law clerks used to write for. It is emphatically not the sort of writing one expects to find in a judicial opinion.

The chaos, legislative fumbling, and legal jeopardy should not obscure the ways that the administration is remaking federal policy in consequential ways. With the Trump administration’s chaos sucking up all the attention, it’s been able to move forward on a range of its priorities, which tend to be more focused on regulatory matters anyway. It is remaking the justice system, rewriting environmental rules, overhauling public-lands administration, and greenlighting major infrastructure projects. It is appointing figures who will guarantee the triumph of its ideological vision for decades to come.