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It’s not true. Mark: That’s a huge part of it. President Donald Trump and Judge Amy Coney Barrett depart after holding an event to announce her nomination to the Supreme Court at the White House in Washington, D.C., September 26, 2020. 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. 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. 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. Now What? We still don’t know who this person was. The Federalist Uses Amy Coney Barrett’s Nomination to Push MRA Ideas October 5, 2020 Libby Anne Patheos Explore the world's faith through different perspectives on religion and spirituality! Mark: That is an accurate description of Donors Trust. Democrat Chris Hahn nicely demolished the right-wing effort to distract from the extremism of likely SCOTUS pick Amy Coney Barrett by painting her as a Christian martyr. Great. 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. Ruth Bader Ginsburg had been seated on the Supreme Court for only a year, in 1994, when a group of … 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. And the Bradley Foundation does much the same thing, right? What the Right-Wing Dark-Money Machine Did for Amy Coney Barrett ... Democratic Rhode Island Sen. Sheldon Whitehouse tried to explain his concerns about how dark money, the Federalist Society… Hahn began by swatting away criticism of Joe Biden for not putting up a list of Supreme Court nominees. 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. You’ve run out of free articles. Mark: That’s a great question and I’m going to answer it, but let me say one last thing about why amicus briefs are important? Amicus briefs often focus on issues that the actual parties don’t address or don’t fully air out. The inexplicable Bostock decision of Justice Neil Gorsuch notwithstanding, Trump will have fulfilled his 2016 campaign promise to appoint originalist justices. What’s important is that the donors stay anonymous. Trump’s presidency rises or falls based on the work of others. Also by the end of his first term, Donald Trump will have completely withdrawn U.S. troops from zero of the countries to which the Obama administration had deployed them. Barrett was a member from 2005-06 and 2014-17. Biden Is the First President to Openly Oppose the Death Penalty. You can manage your newsletter subscriptions at any time. 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. That’s by design. OK, so at this point Whitehouse is demonstrating that there are enormous amounts of money going toward this—he mentions $45 million going to 15 groups that file amicus briefs pretending they’re different, and by the end he’s effectively described a $250 million operation to remake the courts. These are bad-faith arguments we know well: They insist they’d never appoint a justice in order to produce a particular legal outcome, etc. Anyway, to your question: Do amicus briefs matter? He was gonna destroy Amy Coney Barrett on the subject of dark money. 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. According to SCOTUS blog, Barrett was also a member of the Federalist Society, the conservative legal group, from 2005 to 2006 and then again from 2014 to 2017. Lili: Ah. 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… Lili: I get it now. Supreme Court nominee Amy Coney Barrett is defending an opinion she wrote arguing that a person who’s convicted of a nonviolent felony should … He notes that these are barely different organizations—their offices are even on the same hallway in the same building. 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. When the conservative groups throw a bunch of amicus briefs howling, “Hey, you better take this case, it’s important!”, the conservative justices seem to pay attention. NRPLUS MEMBER ARTICLE P resuming that Amy Coney Barrett is confirmed to the Supreme Court, Donald Trump will very likely head into reelection having … There are roughly one trillion conservative legal organizations, and they all file separate amicus briefs when SCOTUS hears a big case—say, an abortion dispute. The donors don’t want the American people to know they’re pouring tens of millions of dollars into these battles. “Why would we not take him at his word?” Whitehouse asks. So are amicus briefs extremely influential? 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, … 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. So were Gorsuch, Kavanaugh and their fellow conservative justices Samuel Alito and Clarence Thomas. 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.  Judge Amy Coney Barrett will ascend to the Supreme Court following a party-line vote days before the presidential election. They aren’t particularly subtle about it. 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. Jurisprudence We’re Living in the Shadows of a Bush v.Gore 2.0 The same people spending money to put Amy Coney Barrett on the Supreme Court are also trying to suppress the vote. “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 https://publicsquaremag.org/editorials/who-is-amy-coney-barrett-really Conservatives have mastered the dark-money game and left Democrats in the dust. Ted Cruz put it succinctly: “You don’t do this in an election year.” They’re doing it anyway. It takes up fewer than 80 cases. 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. So it’s an enormous brainstorming effort to find arguments conservative justices can take up and use? To supply dubious citations for justices in need of something to support an unprovable claim? 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. Amy Coney Barrett (The Federalist Society via YouTube) John Zmirak argues that she cannot be trusted to rule in line with the Constitution due to her faith. I wouldn’t say that the “flotilla” of amicus briefs is the most alarming aspect of the judicial dark-money network. Judge Amy Coney Barrett’s inevitable confirmation will make a total of six Supreme Court justices who were hand-picked by the Federalist Society. 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.. Amy Coney Barrett was prepared for this moment. The confirmation of Justice Amy Coney Barrett to the Supreme Court is an historic victory for the conservative movement and the crowning achievement of decades of political organizing by social and judicial conservatives. A dark money group is pumping millions of dollars into Republicans' efforts to confirm Amy Coney Barrett to the U.S. Supreme Court before November. By joining Slate Plus you support our work and get exclusive content. That’s a really simple equation to run. And that, at bottom, was what Whitehouse was trying to explain with his big red Sharpie. It’s frightening but pretty clear: unlimited dark money in politics! 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. Republicans do have a dark-money network that they tap to fund these judicial confirmation battles. 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. But they played an incredibly important and consequential role in our democracy. ... Amy Coney Barrett is seen in a … Judge Amy Coney Barrett appeared at the Federalist Society's National Lawyers Convention in Washington last November. Donald Trump’s Supreme Court nominee, Appeals Court Judge Amy Coney Barrett, ... the Federalist Society. His point is these groups aren’t different. But Whitehouse used them to illustrate how these dark-money groups flood the Supreme Court with amicus briefs, creating the impression that there’s more support for a conservative position than there actually is. 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. She ended her membership when she joined the appeals court, but she continues to be a panelist and speaker at Federalist Society … Those who wish to see more victories should study the planning that went into achieving this one. Friday, July 6, 2018 0 Politics Amy Coney Barrett, Donald Trump, US Supreme Court Permalink. And I think a lot of Whitehouse’s presentation was designed to make viewers wonder: Is that healthy? Treat the election as a referendum on cultural issues and lean in, Mr. President. After Barrett said she doesn’t have “firm views” on the subject, Senator Richard Amy Coney Barrett (The Federalist Society via YouTube) John Zmirak argues that she cannot be trusted to rule in line with the Constitution due to her faith. To support the claim that a lot of women regret their abortions, he cited … an amicus brief. Follow Michael Brendan Dougherty on Twitter, An Exit Survey of Trump’s Constitutional Misdeeds, The Conservative Reckoning Doesn’t Have to End Badly. Amy Coney Barrett was prepared for this moment. Sen. Sheldon Whitehouse at the Supreme Court confirmation hearing for Judge Amy Coney Barrett on Capitol Hill on Tuesday. Get our conservative analysis delivered right to you. As you said, though, it’s all too easy for Republicans to simply dismiss Whitehouse as a conspiracy theorist adorning his crazy board. Do judges, seeing that there are 11 amicus briefs, weigh them more heavily? Help us continue to provide the reporting, commentary, and criticism you won’t find anywhere else. 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. Judge Amy Coney Barrett addresses a Federalist Society convention at the Mayflower Hotel in Washington, Nov. 15, 2019. Thanks for signing up! 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. A daily email update of the stories you need to read right now. 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. Slate is published by The Slate Group, a Graham Holdings Company. And you'll never see this message again. The trouble with explaining a complicated network of influence is that it starts to sound, well, conspiratorial. 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. NRPLUS MEMBER ARTICLE Was the Latest Family Separation Report a Whitewash. Anyway, back to your question: There’s not really a cover story to explain why all these groups collude. 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. 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.) There’s No Downside To Trump Nominating Amy Coney Barrett This election was always going to be about culture. Weakening regulatory agencies! Sen. Whitehouse did not ask any questions of Judge Barrett, who is connected to the Federalist Society. Lili: Ah. 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. WAY too religious. (Samuel Corum/The New York Times) Is Judge Barrett likely to be confirmed? 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. He points out that Trump has said reversing Roe will “happen automatically” because he’s putting pro-life justices on the court. To compound this lack of representation, Amy Coney Barrett, Trump’s nominee to replace Justice Ginsburg, is Roman Catholic. Sycophantic pundits compare Biden to God, call him the nation’s new father, and say ‘cleansing’ is underway. 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. Mark: Yes. 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. But the reality is that they’re all getting their money from the same place. Eight years later, she played a key role in the selection of Barrett to fill RBG’s seat. Can you explain what the pretextual distinction between the two is? They have the numbers, and they’re going to confirm her, regardless of her qualifications or positions or flaws. He was going to destroy Amy Coney Barrett. Amy Coney Barrett is an American attorney, jurist, and academic who serves as a circuit judge on the United States Court of Appeals for the Seventh Circuit. And there are a lot of confusing moving parts! So far, so good. Amy Coney Barrett Set To Hear Case Against Shell, Her Dad's Employer For 29 Years. Whitehouse’s objective is to shut down the Republican mystification of a process that’s as grubby as it is plain. 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. Like, what’s the cover story? Yes and no. So they (legally) launder their money through phony nonprofits. Please try again. Slate relies on advertising to support our journalism. So, for instance, the ACLU files lots of amicus briefs in cases involving free speech, race discrimination, abortion, and so on. Is this normal? All contents © 2021 The Slate Group LLC. He just showed us who’s funding it. And Democrats don’t have an equally powerful analogue. Those who wish to see more victories should study the planning that went into achieving this one. Whitehouse didn’t even bother to play their game. I had a hard time tracking everything Whitehouse was saying, so I’m hoping you can help. 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. 12:15 p.m. EDT. Got it. Mark: So Justice Anthony Kennedy notoriously cribbed from anti-abortion amicus briefs in his opinion in 2007’s Gonzales v. Carhart, which upheld a federal ban on the safest second-trimester abortion procedure. No charge. Whitehouse starts off by establishing that several of his Republican colleagues are on record as saying that confirming a Supreme Court justice in an election year isn’t done. Readers like you make our work possible. They’re all part of one thing, and he’s connecting them to the Federalist Society and to the Judicial Crisis Network. We encountered an issue signing you up. So Whitehouse says that several Republican senators filed amicus briefs in the NFIB case that were signed by Carrie Severino, who is—and tell me if I have this right—the head of the Judicial Crisis Network, and the person behind Amy Coney Barrett’s selection. The amici (as they’re called) help the conservatives identify the best vehicles through which the Supreme Court can enact Republican policy from the bench, to put it as cynically as I think Whitehouse would. Remember, SCOTUS gets thousands and thousands of petitions every year. And it’s a story Amy Coney Barrett has gone along with. Mark Joseph Stern: I’ve never seen the words sincerely and Ted Cruz used in the same sentence before. 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 … Join Slate Plus to continue reading, and you’ll get unlimited access to all our work—and support Slate’s independent journalism. P All rights reserved. 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. The Christian fascists, allied with organization such as the Federalist Society, … https://www.scotusblog.com/.../potential-nominee-profile-amy-coney-barrett 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. I fell into a kind of depressive stupor as it became increasingly clear that nothing that happens in these proceedings matters. Or do they understand that this is a manufactured conservative consensus? He will have failed even to pull them out …. 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. For example, Whitehouse references the Consumer Financial Protection Bureau case, in which he says there were 11 amicus briefs filed. And 86 percent of President Trump’s nominees to federal appellate courts, including Barrett, have been members of the influential right-wing legal network the Federalist Society. 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. The confirmation of Justice Amy Coney Barrett to the Supreme Court is an historic victory for the conservative movement and the crowning achievement of decades of political organizing by social and judicial conservatives. Do judges reference them when they write opinions? Given that Republicans hold a 53-47 majority in the chamber, there appears to be no hurdles standing between Judge Barrett and Senate confirmation. 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. Lili: I guess I can start with what I do get. His sweeping immigration plan doesn’t even bother pretending to implement enforcement provisions. Can you briefly tell me why Severino would be signing briefs for senators? Judge Barrett at the Federalist Society’s 2019 National Lawyers Convention in Washington. What did you find confusing about his presentation? He will have transformed the federal judiciary on all levels for a generation. Mark: That’s what Whitehouse was trying to get across. Mark: Yeah, exactly how judging should work, right? Mark: Specifically, Democrats don’t have a dark-money network to support their judicial nominees or to oppose Republicans’ judicial nominees. 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. Specifically, they’re getting their money from the small group of anonymous billionaires that funds the conservative legal movement. Tech-immersed partisans are increasingly reluctant to confront the features of political reality that are resistant to their own desires. https://www.nytimes.com/2020/10/12/opinion/charles-koch-amy-coney-barrett.html Lili: And whoever that is—presuming they’re the same person—just spent millions more for Barrett, right? But that’s Donors Trust, and it’s how the modern conservative money machine works. And guess what? It’s essentially an ATM for conservative groups. Send me updates about Slate special offers. A single anonymous donor gave JCN $17 million to fight Merrick Garland and support Neil Gorsuch. 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