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Members of the Supreme Court pose for a group photo in Washington, DC, on April 23, 2021. (Erin Schaff / Getty Images)
Amid all the revelations of corruption at the Supreme Court, one glib social media defense of the conservative justices has been about ideology. As the (ridiculous) argument goes, these scandals aren’t actually scandals because the gifts and cash that flowed from right-wing billionaires and conservative activist Leonard Leo’s dark money network don’t actually influence the justices. Why? Because the justices were already conservative and were always going to vote the way they voted on cases of interest to their paymasters.
But that analysis misses how corruption works on a systemic level.
As the Founders noted, judges are given lifetime appointments for the explicit purpose of preserving an “independent spirit” that allows them to change their views without fear of consequences. And in fact, data suggests that in the past, many conservative justices have become more liberal as they age.
In light of that, the money and gifts flowing to conservative justices can be seen not merely as cheap influence-peddling schemes to secure specific rulings in individual cases. It can also be seen as a grand plan to deter the ideological freedom that lifetime appointments afford.
In short, the largesse from billionaires and Leo — who helped assemble the Supreme Court’s 6-3 conservative supermajority as President Donald Trump’s judicial adviser — creates personal financial incentives for justices to remain doctrinaire ideologues and resist any deviation from the conservative line, even if they might once in a while have an inkling to dissent.
No doubt, preventing this so-called “ideological drift” is exactly the point, as 5-4’s Michael Liroff noted in a recent episode of Lever Live. From Earl Warren to William Brennan to John Paul Stevens to David Souter, the Republican Supreme Court appointees who ended up becoming liberals haunt the psyche of the Right’s judicial activists. It is this dynamic that conservative puppet masters most want to prevent, because it has not been an anomaly.
In 2015, FiveThirtyEight parsed the data and quantified a big trend in its headline: “Supreme Court Justices Get More Liberal as They Get Older.”
As you can see in the chart documenting the trend over nearly a century, many Republican nominees given the political freedom of a lifetime appointment have become more liberal in their rulings as they age.
To try to break this trend, conservative operatives didn’t necessarily conjure more compelling jurisprudential arguments in service of their ideology. Instead, they built a corruption machine that creates personal financial incentives for Republican appointees to never deviate from whatever that machine wants in any given case. To make conservatives’ demands extremely clear, that machine files endless amicus briefs, or friend-of-the court filings, at the Supreme Court and throughout the federal judiciary.
The financial incentives are elucidated in the recent spate of scandals at the high court. Indeed, each member of the conservative Supreme Court majority — and all lower court judges aspiring to be the next GOP Supreme Court appointee — knows that if he or she toes the line, there may be big rewards, whether it’s luxury vacations, boarding school tuition and housing for family members, land deals, or lucrative payments to spouses.
The justices also stand to have law schools named for them or make extra cash on the side teaching at those law schools.
The Antonin Scalia Law School at George Mason University (GMU), renamed as part of a dark money deal brokered by Leo, has paid at least three Supreme Court justices to teach classes in recent years. In some cases, those classes have resembled all-expenses-paid international vacations — which also happen to come with paychecks approaching $30,000.
It’s not just the high court justices collecting outside incomes at GMU. Douglas Ginsburg, a senior judge on the US Court of Appeals for the District of Columbia Circuit who was once a potential Republican Supreme Court nominee, is on the full-time faculty at the Antonin Scalia Law School and has been affiliated with the university for decades.
Ginsburg’s financial disclosures show that GMU’s law school and a university foundation have paid him $350,000 or more annually for years.
Federal judges can also expect to be flown around the country for events held by local chapters of the Federalist Society, the national conservative lawyers network cochaired by Leo, and have all of their travel and meal expenses covered.
The conservative justices and their brethren in lower courts know that if they refuse to toe the line, those potential rewards could disappear.
And the justices know that if they ever allow a code of ethics to be imposed on them, this lucrative reward system could go away — new anti-corruption rules could bar them from accepting gifts and outside pay. This might be why Chief Justice John Roberts has threatened to challenge or ignore any anti-corruption rules passed by Congress.
But without such rules, those incentives and disincentives will continue to deliver what we now have. The current court is not just the most conservative Supreme Court in a century and completely hostile to what the country actually wants. The high court also displays almost no independence — which is to say, no willingness to ever deviate from the conservative movement’s demands on any case.
This is likely why polls show Americans now deeply distrust the Supreme Court.
Most people now sense that this is not an institution issuing earnest and principled rulings that they may disagree with.
They detect that billionaire and corporate money has hacked the system that was designed to preserve the prospect of judicial thought, independence, and impartiality — the qualities upon which the court’s legitimacy was built.
They see that all that money has bought influence, turning the court into the opposite of an honest broker just calling balls and strikes, as Roberts promised when he was nominated.
They recognize that corruption has turned the high court into the American right’s rigidly partisan and unprincipled political weapon — and without court expansion, it will likely remain that way for the next forty years.
You can subscribe to David Sirota’s investigative journalism project, the Lever, here.
Despite government pledges to bar him, cult leader Eliezer Berland uses loophole to light bonfire at massive Lag B’Omer gathering in northern Israel.
By World Israel News Staff
A convicted cult leader who was barred from taking part in Lag B’Omer festivities at Meron in northern Israel Monday evening managed to evade the restrictions through a loophole, Israel National News reported Tuesday.
Eliezer Berland, leader of the Shuvu Banim movement, had been banned from lighting Lag B’Omer bonfires at Meron due to his multiple criminal convictions.
According to the report, however, Berland used a loophole in the prohibition, lighting the torch used to set the bonfire ablaze and using a third party to spark the bonfire itself.
A day earlier, Minister for Jerusalem Affairs and Heritage Rabbi Amichai Eliyahu (Otzma Yehudit) vowed that Berland would not be permitted to taking part in the lighting ceremony.
“If Eliezer Berland lights a bonfire in Meron, it will be a shameful event like nothing else,” he said.
The Ministry added that should Berland light a bonfire, Shuvu Banim would be fined and their right to light a bonfire in Meron would be nullified for future years.
Berland fled Israel in 2013 after he was accused of sexually assaulting multiple female followers. After evading efforts at extradition for three years, hewas returned to Israel in 2016 and convicted in a plea bargain according to which he was sentenced to 18 months in prison.
After being released, Berland was investigated and convicted of fraud, having taken millions of shekels from followers in exchange for “miracle cures” for serious illnesses, including cancer. Investigators found the cures were in some cases nothing more than candies and mints.
The disgraced Shuvu Banim leader has subsequently been investigated for a possible role in the murder of a yeshiva student decades ago.
The post Bypassing restrictions, convicted sex offender lights Lag B’Omer holiday torch in northern Israel appeared first on World Israel News.
Following targeted killing of three senior Islamic Jihad terrorists, Gallant warns that Israel may face sustained conflict with Gaza in the immediate future.
By Pesach Benson, TPS
During a briefing for mayors of communities near the Gaza Strip on Tuesday, Defense Minister Yoav Gallant told the municipal leaders to be prepared for a “prolonged campaign” against the Palestinian terror groups.
“We must be prepared for any scenario, including a prolonged campaign with an extended range of fire,” Gallant said, according to remarks provided by the Defense Ministry.
“It is very important that the citizens, under your leadership, be disciplined, attentive, and listen to life-saving instructions. The IDF and the security forces are prepared with all means and on all fronts,” he said.
Gallant added, “The defense establishment will provide whatever assistance is required. I instructed the professionals to be in continuous contact with you and take care of everything required for the needs of the residents. You have our full support.”
Israel launched surprise air strikes on Palestinian Islamic Jihad targets, including killing three of the terror group’s senior figures on early Tuesday morning. Military positions belonging to Islamic Jihad were struck, including a rocket factory and a facility which produced concrete components for terror tunnels, the IDF said.
Bracing for rocket fire, Israeli authorities instructed residents living within 40 km (25 miles) of Gaza to remain near shelters. Residents were also ordered not to hold outdoor gatherings, overshadowing the festive Lag B’Omer holiday.
Amid concerns of sniper and anti-tank fire from Gaza, the military closed access to roads in the immediate vicinity of the Strip and the Erez and Kerem Shalom border crossings between Israel and Gaza are closed.
Israeli Railways announced that train service between the Negev town of Netivot and the coastal city of Ashkelon was suspended and the Sderot station will remain closed.
The post Defense Minister warns Israeli mayors to prepare for ‘prolonged campaign’ against Gaza appeared first on World Israel News.
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