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... Amy Coney Barrett’s name kept coming up, according to … Republicans do have a dark-money network that they tap to fund these judicial confirmation battles. Treat the election as a referendum on cultural issues and lean in, Mr. President. Please try again. In 2016, the Judicial Crisis Network spent a staggering $7 million to oppose President Barack Obama's nomination of Merrick Garland to the Supreme Court — a move that Senate Republicans successfully blocked. 12:15 p.m. EDT. ... Amy Coney Barrett is seen in a … https://www.nytimes.com/2020/10/12/opinion/charles-koch-amy-coney-barrett.html And it’s a story Amy Coney Barrett has gone along with. https://www.scotusblog.com/.../potential-nominee-profile-amy-coney-barrett Conservatives have mastered the dark-money game and left Democrats in the dust. They’re all part of one thing, and he’s connecting them to the Federalist Society and to the Judicial Crisis Network. Amy Coney Barrett’s name kept coming up, according to Mr. Paoletta, who sat in on her interview at the White House with Mr. McGahn on March 1, six weeks into the administration. Barring an improbable successful challenge by Democrats, Barrett is on her way to becoming a Supreme Court justice and tipping the scales of the highest court in the land in favor of … NRPLUS MEMBER ARTICLE P resuming that Amy Coney Barrett is confirmed to the Supreme Court, Donald Trump will very likely head into reelection having … Sen. Ted Cruz seemed sincerely rattled by his exposé of how dark money is fueling Republican priorities and producing anti-democratic legal outcomes, and Sen. Lindsey Graham looked stricken at times while Whitehouse laid out how organizations like the Bradley Foundation and Donors Trust funnel money to Republican priorities without revealing the donors. Mark: That is an accurate description of Donors Trust. It takes up fewer than 80 cases. All rights reserved. Most notably, he infamously claimed that a large number of women regret their abortions, and that the government has a strong interest in protecting them from their own choices. Amy Coney Barrett Set To Hear Case Against Shell, Her Dad's Employer For 29 Years. To compound this lack of representation, Amy Coney Barrett, Trump’s nominee to replace Justice Ginsburg, is Roman Catholic. I think they help the most when they urge the Supreme Court to take up a certain case. Weakening regulatory agencies! He will have transformed the federal judiciary on all levels for a generation. I wouldn’t say that the “flotilla” of amicus briefs is the most alarming aspect of the judicial dark-money network. Still, it’s been interesting to watch how the Democrats have elected to spend their time. Judge Amy Coney Barrett appeared at the Federalist Society's National Lawyers Convention in Washington last November. But that’s Donors Trust, and it’s how the modern conservative money machine works. This astonishing feat, along with hundreds more conservative appointments to the lower federal courts, should leave Americans worrying about what rights are in danger of being taken from them. You can cancel anytime. Trump has echoed all these. We encountered an issue signing you up. The Federalist Society. On the second day of confirmation hearings for Supreme Court nominee Amy Coney Barrett, one senator spent his time trying to zoom out to the bigger picture rather than questioning the judge. That’s a really simple equation to run. Got it. T he Trump White House wasted no time in nominating Amy Coney Barrett, a devout Catholic, to the Supreme Court after RBG’s passing gave this administration an unprecedented third bite at the SCOTUS apple. Before and while serving on the federal bench, she has been a professor of law at Notre Dame Law School , where she has taught civil procedure, constitutional law, and statutory interpretation. A single anonymous donor gave JCN $17 million to fight Merrick Garland and support Neil Gorsuch. The biggest distinction, of course, is that Brett Kavanaugh, the first of Trump’s nominees to make his senatorial case for a seat on the bench, was credibly accused of sexual assault. Sen. Sheldon Whitehouse at the Supreme Court confirmation hearing for Judge Amy Coney Barrett on Capitol Hill on Tuesday. Send me updates about Slate special offers. He was gonna destroy Amy Coney Barrett on the subject of dark money. And that, at bottom, was what Whitehouse was trying to explain with his big red Sharpie. Sheldon Whitehouse confronts Amy Coney Barrett on the dark money network supporting her October 13, 2020 ... noting that the Susan B. Anthony Foundation is running ads like the one below touting the Federalist Society-approved judge’s nomination as a step to getting “our pro-life country the court that it deserves. So they (legally) launder their money through phony nonprofits. The Republican strategy so far has been to suggest that this is fine because the Republicans are principled and would never dream of using the Supreme Court as a “superlegislature.” (They say, weirdly, that Democrats want to do this.) But the reality is that they’re all getting their money from the same place. Carrie Severino signed an amicus brief arguing for the total destruction of the ACA. He just showed us who’s funding it. Ted Cruz put it succinctly: “You don’t do this in an election year.” They’re doing it anyway. Many are offering opinions about what Judge Amy Barrett's potential confirmation to the U.S. Supreme Court could mean for different areas of jurisprudence. Barrett listed various committees she had been on at Notre Dame as well as the conservative Federalist Society and a country club in South Bend. There’s No Downside To Trump Nominating Amy Coney Barrett This election was always going to be about culture. Of everything we heard today, it seemed to me that Sen. Whitehouse’s presentation was both the most important and (to me, a legal novice) the least clear. Mark: Yeah, exactly how judging should work, right? After Barrett said she doesn’t have “firm views” on the subject, Senator Richard A brief history of how Opus Dei came to wield influence in the White House and Supreme Court through the Federalist Society's Leonard Leo. During confirmation hearings this week for Supreme Court nominee Amy Coney Barrett, Democratic Senator Sheldon Whitehouse of Rhode Island opted not to ask the judge any questions. P Amicus briefs often focus on issues that the actual parties don’t address or don’t fully air out. First of all, a little background: the judicial selection process has been hijacked by several entities - first the Federalist Society, one of whose chief persons is none other than Leonard Leo. https://publicsquaremag.org/editorials/who-is-amy-coney-barrett-really So far, so good. Those who wish to see more victories should study the planning that went into achieving this one. It’s sort of like if Barack Obama had farmed out his Supreme Court selections to Planned Parenthood, but much worse, because it’s not just ideological—there’s a profit motive. Get our conservative analysis delivered right to you. Jordan is a Republican and a current member of the Federalist Society for Law and Policy. Whittling down the civil jury and voting rights! He points out that Trump has said reversing Roe will “happen automatically” because he’s putting pro-life justices on the court. Mark: But Kennedy was able to add some throat-clearing language—”While we find no reliable data to measure the phenomenon”—cite to an amicus brief, and move on. Slate’s Lili Loofbourow and Mark Joseph Stern sat down to discuss Whitehouse’s presentation, which you can also watch in full below: Lili Loofbourow: So, Mark, these confirmation hearings for Amy Coney Barrett have been frustrating to watch. And Democrats don’t have an equally powerful analogue. As he has done before, Democratic Rhode Island Sen. Sheldon Whitehouse tried to explain his concerns about how dark money, the Federalist Society, and the Judicial Crisis Network have been fueling the conservative campaign to seat Supreme Court justices. The society is dedicated to promoting a conservative or libertarian vision for the nation's courts. Is this normal? And there are a lot of confusing moving parts! This week’s Senate confirmation hearings for Amy Coney Barrett, Donald Trump’s Supreme Court nominee, feel very different from the Kavanaugh spectacle of 2018.. Yes and no. Lili: Ah. Friday, July 6, 2018 0 Politics Amy Coney Barrett, Donald Trump, US Supreme Court Permalink. Or do they understand that this is a manufactured conservative consensus? resuming that Amy Coney Barrett is confirmed to the Supreme Court, Donald Trump will very likely head into reelection having nominated and seated three justices to the Supreme Court. Ruth Bader Ginsburg had been seated on the Supreme Court for only a year, in 1994, when a group of … Barrett was a member from 2005-06 and 2014-17. Sycophantic pundits compare Biden to God, call him the nation’s new father, and say ‘cleansing’ is underway. This astonishing feat, along with hundreds more conservative appointments to the lower federal courts, should leave Americans worrying about what rights are in danger of being taken from them. A daily email update of the stories you need to read right now. Amy Coney Barrett. Anyway, to your question: Do amicus briefs matter? Now What? So it’s an enormous brainstorming effort to find arguments conservative justices can take up and use? Lili: I guess I can start with what I do get. Whitehouse’s objective is to shut down the Republican mystification of a process that’s as grubby as it is plain. So are amicus briefs extremely influential? Is that acceptable? The Federalist Society, an influential conservative legal group, paid for Supreme Court nominee Amy Coney Barrett to take six trips in her first year as a federal appeals court judge… If you value our work, please disable your ad blocker. Lili: The rest of Whitehouse’s speech covers why mysterious donors might be hiding behind these organizations and what they’re getting out of the court.  Judge Amy Coney Barrett will ascend to the Supreme Court following a party-line vote days before the presidential election. So, for instance, the ACLU files lots of amicus briefs in cases involving free speech, race discrimination, abortion, and so on. WAY too religious. Like, what’s the cover story? But then he starts talking about senators filing briefs and NFIB v. Sebelius, the 2012 Obamacare decision, and I’m lost. They aren’t particularly subtle about it. President Donald Trump nominated Judge Amy Coney Barrett of the United States Court of Appeals for the Seventh Circuit to replace Justice Ruth Bader ... 2020, The Federalist Society's Wisconsin Lawyers Chapters hosted a panel with three people who know Judge Barrett well: two former law clerks and a former student. Lili: So that’s what they’re for? To support the claim that a lot of women regret their abortions, he cited … an amicus brief. Judge Amy Coney Barrett addresses a Federalist Society convention at the Mayflower Hotel in Washington, Nov. 15, 2019. Two of the people on Trump’s short list of possible nominees are Catholic women: Amy Coney Barrett, a federal appellate court judge in Chicago, … Mark: I don’t think JCN will hit its earlier record, but I know it has already promised to spend $2.2 million on Barrett. Mark Joseph Stern: I’ve never seen the words sincerely and Ted Cruz used in the same sentence before. The trouble with explaining a complicated network of influence is that it starts to sound, well, conspiratorial. The Supreme Court justice has not recused herself from a climate case against Big Oil, ... Federalist Society Board Chair Funded At-Risk GOP Senators Amid Barrett Hearings. Billionaires pour money into the group, and then it distributes the cash to organizations that deny climate change, oppose unions, support gun rights, hate taxes—all the Fox News stuff. Barrett’s nomination represents decades of effort by the Federalist Society to ensure this establishment position is enshrined in a 6-3 majority on the high court. The biggest player here is the Judicial Crisis Network. Ruth Bader Ginsburg had been seated on the Supreme Court for only a year, in 1994, when a group of … And I think a lot of Whitehouse’s presentation was designed to make viewers wonder: Is that healthy? And then, once SCOTUS takes the case, the amici help plant the arguments that will not only deliver a conservative policy outcome, but also lay the groundwork for future right-wing decisions. Do the math. Help us continue to provide the reporting, commentary, and criticism you won’t find anywhere else. McCarthy Says He Has ‘Concerns’ over Cheney’s Vote to Impeach, Tulsi Gabbard: Domestic-Terrorism Bill Is ‘a Targeting of Almost Half of the Country’, This Day in Liberal Judicial Activism—January 23, Dissent, Patriotism, and Insurrection: A Complicated History. Great. Lili: And whoever that is—presuming they’re the same person—just spent millions more for Barrett, right? No charge. He also served on the Campaign Finance Committee for Cruz’s Senate campaign in 2012. Anyway, back to your question: There’s not really a cover story to explain why all these groups collude. By joining Slate Plus you support our work and get exclusive content. “The Federalist Society is not interested in having a national government that really makes life better for people ... Republicans expecting Trump to nominate Amy Coney Barrett to Supreme Court But yes, I agree: Cruz and Graham did not look happy with Whitehouse. Now, dark money in this case, he wanted to show how (sinister) “There’s a secret network out there that’s getting justices named to the court!” So he puts up the Federalist Society … Mark: An amicus brief is a “friend of the court” brief, filed by a party not directly involved with the case that nonetheless has an interest in it. Sen. Whitehouse did not ask any questions of Judge Barrett, who is connected to the Federalist Society. Justice Samuel A. Alito Jr. gave a recent speech to the Federalist Society explicitly laying out his positions on cases that will be considered by the Supreme Court. Whitehouse didn’t even bother to play their game. During her Senate confirmation hearing on Tuesday, October 13, Supreme Court nominee Amy Coney Barrett trotted out a tired and dismissive refrain from climate deniers, saying, “I’m certainly not a scientist” when Senator John Kennedy (R-LA) asked specifically about her views on climate change. To start with the basics: What’s an amicus brief, and why is it such a big deal that Republicans are using this network to send “flotillas” of them through the courts? Barrett was a longtime Federalist Society member before becoming a federal judge, according to the questionnaire she submitted to the Senate Judiciary Committee. Can you briefly tell me why Severino would be signing briefs for senators? You’ve run out of free articles. And the Bradley Foundation does much the same thing, right? Barrett was a member from 2005-06 and 2014-17. There are a handful of advocacy groups that do the work for Democrats, but they have a teensy fraction of the funding that GOP groups get. Should someone be allowed to spend $17 million influencing the most powerful court without even owning up to it? They have the numbers, and they’re going to confirm her, regardless of her qualifications or positions or flaws. He will have failed even to pull them out …. I fell into a kind of depressive stupor as it became increasingly clear that nothing that happens in these proceedings matters. So don’t act surprised when we ask questions about whether that’s what you’re up to here.” I’m with him, and this was again a common theme of the hearing: Stop saying you’re not here to overturn Roe, because the rest of the Republican Party has said as much. At least two things: They’re all in tight reelection campaigns, and they all received a maxed-out donation from Federalist Society co-founder and board chairman Steven Calabresi during Amy Coney Barrett’s Supreme Court confirmation process. Thanks for signing up! I think we should pause here to note how messed up it is that it’s possible for a group to simply register as a nonprofit and conceal the identity of its donors. All contents © 2021 The Slate Group LLC. Republican senators have strived to keep these hearings high-minded and abstract; see Mike Lee and Ben Sasse’s pedantic civics lessons about how the Constitution clearly says only Republicans are allowed to appoint Supreme Court justices. You can manage your newsletter subscriptions at any time. The Christian fascists, allied with organization such as the Federalist Society, … Lili: That’s insanely messed up. He says they were backed by a group called Donors Trust, which he characterizes as a “gigantic, identity-scrubbing device for the right wing.” And by another one called the Bradley Foundation, which funded eight out of those 11 briefs. Judge Barrett at the Federalist Society’s 2019 National Lawyers Convention in Washington. 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