REPUBLICAN PARTY CORRUPTS EVERYTHING IT TOUCHES; NOW THE SUPREME COURT
I WARNED YOU ALL OF THIS 10 YEARS AGO - BIG MONEY HAS DONE TO THE SUPREME COURT OF THE U.S. WHAT IT DID TO THE TEXAS SUPREME COURT - BOUGHT IT!
Politics is a team sport. We battle, and our courts are supposed to referee our disputes.
But what if one team spent years and millions of dollars to capture the referees, so the refs could declare that team the winner whenever they fell short on the field?
We cried foul. That triggered a remarkable response.
Conservative media lit up in unison. Fox News and the
Wall Street Journal editorial page, for instance, attacked us for advocating “court packing,” something we did not advocate. The Journal used language so similar to
a separate National Review op-edthat it issued an unusual editor’s note denying plagiarism. Then,
all 53 Republicans in the Senatecranked out a letter to the court’s clerk decrying our brief. What hoopla.
So, what did we actually say?
We said this: From 2005 through the fall term of 2018, the Roberts court issued 73 5-to-4 partisan decisions benefiting big Republican donor interests: allowingcorporations to spend unlimited money in elections;hobbling pollution regulations;enabling attacks on minority voting rights; curtailinglabor’s right to organize;denying workers the ability to challenge employers in court; and, of course, expanding the NRA’s gun rights “project.” It’s a pattern.
in its run of 73 partisan 5-to-4 cases, the Republican majority routinely broke traditionally conservative legal principles, such as respect for precedent or “originalist” reading of the Constitution. They even went on remarkable fact-finding expeditions, violating traditions of appellate adjudication.
The big-donor takeover of the federal courts begins,as reportedby The Post, with a sprawling network of organizations funded by at least a quarter-billion dollars of largely anonymous money, and spearheaded by the Federalist Society’s Leonard Leo. We saw this network’s hand in the confirmations of Justices Neil M. Gorsuch and Brett M. Kavanaugh.
One unnamed donorgave$17 million to the Leo-affiliated Judicial Crisis Network to block the nomination of Judge Merrick Garland and to support Gorsuch; then a donor — perhaps
the same one —gave another $17 million to prop up Kavanaugh.
With its judges in place, the network lobbies the court with anonymously funded amicus briefs, signaling how the judges should vote. In
one case,
Janus v. AFSCME, one anonymously funded group
backed 13 different amicus briefs fighting public-sector unions’ right to organize. The decision came as expected, 5 to 4,
throwing out 40 years of settled labor law.
The right-wing eruption offered no defense of why a multimillion-dollar secret influence apparatus should be involved in selecting justices and campaigning for their confirmation and filing anonymous amicus briefs. There was no defense of the court systematically overturning precedents or inviting challenges to well-established doctrines or finding specious facts or discarding appellate norms; and there was no defense of the run of 73 partisan decisions.
Instead, we saw precisely the howl of coordinated, multiple-mouthpiece misdirection you would expect to hear from big donors whose scheme to capture the Supreme Court for one team was suddenly exposed and is now at risk.
https://www.washingtonpost.com/opinions/the-supreme-court-has-become-just-another-arm-of-the-gop/2019/09/06/8ad36642-d0e2-11e9-87fa-8501a456c003_story.html