The US Supreme Court Has Effectively Legalized Bribery | Moira Donegan
The US Supreme Court has once again issued rulings that have sparked national controversy. This time, the court has declared that race-conscious admission policies at universities are unconstitutional, businesses can refuse services to LGBTQ+ customers, and President Joe Biden’s student loan forgiveness plan cannot proceed. These decisions, much like the court’s previous ruling to end federal abortion protections, highlight the pervasive influence of dark money in the judicial system.
At the center of these developments is Leonard Leo, a conservative legal activist often referred to as the “king of dark money.” Leo’s influence has been instrumental in shaping the conservative supermajority on the Supreme Court, which has been responsible for these recent rulings. As Donald Trump’s judicial adviser, Leo played a crucial role in appointing conservative justices who have since made landmark decisions that align with his ideological goals.
Leo’s dark money network has been particularly active in the case against affirmative action. The Supreme Court’s 6-3 and 6-2 decisions to strike down affirmative action policies at both public and private universities were driven by cases brought by Students for Fair Admissions. This group, which claims to represent over 20,000 students and parents who oppose racial classifications in college admissions, is heavily funded by Leo’s network. In 2020, the group received $250,000 from the 85 Fund, an organization controlled by Leo.
Several other Leo-backed entities also supported the fight against affirmative action. Speech First, a nonprofit that received $700,000 from the 85 Fund between 2020 and 2021, and 19 Republican attorneys general, who have been major beneficiaries of Leo’s network, filed briefs in support of Students for Fair Admissions.
Leo’s influence extends beyond affirmative action. The Supreme Court’s decision allowing a Colorado website designer to refuse a same-sex wedding project, potentially undermining anti-discrimination protections nationwide, is also linked to Leo. At least six conservative groups that supported the Colorado suit have received millions in dark money contributions from Leo’s network.
The court’s ruling against Biden’s student loan forgiveness plan is another example of Leo’s far-reaching influence. The case was led by two Republican attorneys general and supported by a brief filed by 17 other Republican attorneys general, all connected to the Leo-backed Republican Attorneys General Association (RAGA). The Foundation for Government Accountability, which also supported the case, received nearly $4 million from Leo’s network between 2019 and 2021.
Even the design of the student debt case suggests Leo’s involvement. The student loan servicer at the heart of the case, which Republican attorneys general argued would be harmed by Biden’s plan, would actually face no financial harm. This mirrors the Colorado suit, which was based on a seemingly fake website design request.
President Biden has acknowledged the problematic nature of the Supreme Court’s recent rulings, stating that the court has “done more to unravel basic rights and basic decisions than any court in recent history.” However, he has refrained from taking significant action to address the issue, such as expanding the court. Biden expressed concerns that such a move would “politicize it maybe forever in a way that is not healthy.”
Meanwhile, Leo continues to wield his influence behind the scenes, connecting conservative justices like Clarence Thomas and Samuel Alito with wealthy donors who provide luxury trips and other benefits. This system, as noted by The Nation, is designed to keep right-wing judges, donors, and political actors aligned, ensuring that conservative justices remain ideologically consistent.
Leo’s strategy is not just about securing specific rulings in individual cases. It is a broader plan to deter the ideological freedom that lifetime appointments afford, creating personal financial incentives for justices to adhere to conservative principles.
While Leo’s system is not infallible—recent surprise rulings upheld the Voting Rights Act and rejected a fringe legal theory that would have allowed state lawmakers to pass voter suppression laws without oversight—his dark money network has achieved significant and often destructive victories. The conservative supermajority on the Supreme Court, assembled with Leo’s help, now holds considerable power. The question remains: will anyone be able to stop him?
Source: The Guardian, The Lever
